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State of Iowa vs. Massengale

Case Conclusion Date: 02.29.2008

Practice Area: DUI and 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.

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