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State v. Carney

Court of Appeals of Iowa

July 19, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
CONNER DANIEL CARNEY, Defendant-Appellant.

         Appeal from the Iowa District Court for Boone County, Paul G. Crawford, District Associate Judge.

         Daniel Carney appeals the judgment entered following his conviction of operating while intoxicated, third offense. AFFIRMED.

          Andrew J. Boettger of Hastings, Gartin & Boettger, LLP, Ames, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and McDonald, JJ.

          DOYLE, Judge.

         Daniel Carney appeals the judgment entered following his conviction for operating while intoxicated (OWI), third offense. He challenges the time in which the State filed the indictment and the manner in which a law enforcement officer obtained his blood for chemical testing. We affirm.

         I. Background Facts and Proceedings.

         On December 28, 2015, a car crashed into the back of a semi-trailer at a marked four-way intersection on Highway 30. Boone Police Officer Daniel Lynch found Carney unconscious in the driver's seat of the car. After Carney was transported to the hospital for medical treatment and evaluation, Officer Lynch observed Carney to have blood-shot eyes, slurred speech, and an odor consistent with an alcoholic beverage. The officer also observed Carney repeatedly asking the medical staff questions they had already answered. Officer Lynch suspected Carney was impaired, but because Carney was lying on his back strapped to a hospital bed and undergoing medical treatment, Officer Lynch was unable to perform standardized field sobriety tests. The officer asked Carney if he had consumed any form of alcohol, controlled substance, or medication. Carney responded, "No comment." The officer left the room and talked with one of the treating doctors who confirmed that she smelled of an odor of alcoholic beverage coming from Carney.

         Officer Lynch returned to Carney's hospital room and asked Carney if he had "had anything to drink at all?" Carney responded, "No." The officer asked if Carney would take a preliminary breath test. Carney said "No." He refused to provide a breath sample for chemical testing explaining, "There is no way for me to do it." The officer then requested a blood sample for chemical testing, and Carney said, "Sure." The officer again asked if Carney had anything to drink that evening, and Carney said he had beer earlier. When asked "How much, " Carney responded, "Not too much, " and said he did not drink beer while he was driving. Officer Lynch then read the implied consent advisory to Carney. He also read Carney his Miranda rights. Carney signed the consent form. When it came time to draw the blood, Carney refused. Officer Lynch again explained the implied consent law. Carney then said, "Oh, draw the damn blood." After additional conversation concerning the implied consent law, Carney consented to the blood draw. Testing revealed a blood alcohol content of .183. The blood also tested positive for the presence of THC.

         The State charged Carney with third-offense OWI on March 2, 2016. An amended trial information was filed on March 14, 2016, to reflect the presence of a controlled substance in Carney's blood. On the same day, Carney was arraigned and pleaded not guilty.

         Carney filed a motion to dismiss, arguing the State violated his right to a speedy indictment. He also filed a motion to suppress the results of his blood test, arguing Officer Lynch obtained the sample in violation of Iowa Code sections 321J.6(2) and 321J.9 (2015). The trial court denied both motions, Carney then waived his right to a jury trial and agreed to trial on the minutes of evidence. The court found him guilty of third-offense OWI.

         II. Motion to Dismiss.

         Carney appeals, first arguing the trial court erred in denying his motion to dismiss on speedy-indictment grounds. See Iowa R. Crim. P. 2.33(2) (requiring the court to dismiss criminal charges brought against a defendant more than forty-five days after arrest). Carney claims he was arrested on December 28, 2015, but was not indicted until March 2, 2016-sixty-five days later. ...


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