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STATE v. STRUVE

No. 19-1614.

956 N.W.2d 90 (2021)

STATE of Iowa, Appellee, v. Steven Edward STRUVE, Appellant.

Supreme Court of Iowa.

Filed February 19, 2021.

Rehearing Denied April 6, 2021.

Attorney(s) appearing for the Case

Martha J. Lucey , State Appellate Defender, and Vidhya K. Reddy (argued), Assistant Appellate Defendant, for appellant.

Thomas J. Miller , Attorney General, Kyle Hanson (argued), Assistant Attorney General, Mike Wolf , County Attorney, and James M. McHugh , Assistant County Attorney, for appellee.

Oxley, J., delivered the opinion of the court, in which Waterman, Mansfield, and McDonald, JJ., joined. McDermott, J., filed a dissenting opinion in which Christensen, C.J., and Appel, J., joined. Appel, J., filed a separate dissenting opinion.

Iowa is not a "hands-free" driving state. The Iowa legislature recently expanded Iowa's texting-while-driving1 statute but stopped short of prohibiting all hands-on use of a cell phone. Instead, Iowa Code section 321.276 allows drivers to use cell phones for some limited purposes while prohibiting most...

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