State of Iowa vs. Massengale

Robert G Rehkemper III

Case Conclusion Date:February 29, 2008

Practice Area:DUI & DWI

Outcome:OWI Charge Dismissed.

Description:The Iowa Supreme Court found that the implied consent advisory read to individuals that possessed a commercial drivers license but who were arrested for OWI while driving a non commercial motor vehicle was innaccurate and misleading and thus, violated the defendant's right to due process of law. Resulted in the charges against Mr. Massengale being dismissed and a new law being passed requiring an individual being arrested for OWI while operating a private motor vehicle to be accurately informed of his/her pending decision's consequences on his/her commercial driving privileges.