Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Klinkkammer

Court of Appeals of Iowa

May 2, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TRACY KLINKKAMMER, Defendant-Appellant.

          Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.

         A defendant appeals his conviction for operating while intoxicated, in violation of Iowa Code section 321J.2 (2015).

          Mark C. Meyer, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, and Darrel L. Mullins, Assistant Attorney General, for appellee State.

          Heard by Potterfield, P.J., and Mullins and Bower, JJ.

          BOWER, Judge.

         Tracy Klinkkammer appeals his conviction for operating while intoxicated, in violation of Iowa Code section 321J.2 (2015). We find Klinkkammer's right to communicate with family or an attorney was not violated. Therefore, we affirm the district court.

         I. Background Facts and Proceedings

         On November 12, 2015, Klinkkammer was involved in a motorcycle accident. Klinkkammer was injured, and Officer Brandon Richmond, equipped with a body camera, responded to the scene. A preliminary breath test indicated a .126 blood alcohol content. No field sobriety tests were performed due to Klinkkammer's injuries. Klinkkammer was transported to the hospital for treatment. Officer Richmond followed and, at the hospital, began to read Klinkkammer the implied-consent advisory. During the reading, a monitor indicated Klinkkammer's oxygen level was low. Officer Richmond broke off the reading and moved to the foot of the bed.

         Klinkkammer's oxygen levels were restored to an acceptable level. The body camera shows medical staff asking Klinkkammer if he wanted to call anyone. Klinkkammer stated, "[T]hat's why I'm trying to get my phone." Medical staff advised him that if he knew a phone number off the top of his head, they would call for him. Officer Richmond subsequently stepped in and began to read the implied-consent advisory again.

         Klinkkammer consented to a blood test. The blood test confirmed an elevated blood alcohol concentration. Klinkkammer was charged with operating while intoxicated, second offense, in violation of Iowa Code section 321J.2. He filed a motion to suppress on July 11, 2016, claiming his right to contact a family member or counsel was violated and, therefore, the blood test should be suppressed. On December 14, the district court denied the motion and found Klinkkammer's statements could not be reasonably construed as invoking his right to communicate. The record was reopened for the presentation of additional evidence, and the additional evidence did not change the initial ruling denying the motion. Klinkkammer consented to trial by the court and waived his right to a jury. Klinkkammer was found guilty March 17 and now appeals.

         II. Standard of Review

         "We review the district court's interpretation of section 804.20 for errors at law." State v. Hicks, 791 N.W.2d 89, 93 (Iowa 2010). "If the district court correctly applied the law, we then determine whether there is substantial evidence to support the court's findings of fact." Id.

         III. Right ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.