Thompson Law Office

Iowa City OWI Defense Blog

Breath Test Thrown Out – Deferred Judgment Granted

In a recent Johnson County District Associate Court case of ours, (case number withheld for privacy), the defendant was arrested and charged with OWI 1st Offense. She refused the breath test at the police station, which made her ineligible to receive a deferred judgment under Iowa law. A deferred judgment was necessary in her situation for employment purposes.

Due to medical issues which were verified by her doctor, issues regarding recent trauma and PTSD, the breath test refusal was agreed to be removed from evidence. This allowed her to trade a guilty plea for a recommendation for a deferred judgment.

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