MASON CITY — A Wisconsin man convicted of operating while intoxicated in Cerro Gordo County has lost an appeal of his case to the Iowa Supreme Court.
Thomas Casper of Franksville Wisconsin was arrested for OWI after a traffic stop near the intersection of County Road B-20 and Jonquil Avenue in the early morning hours of August 11th, 2018. A state trooper made the traffic stop after Casper was clocked going 110 miles an hour on his motorcycle in a 55 mile per hour zone.
Casper on appeal contended that his breathalyzer result should have been suppressed because he was not advised of his right to an independent chemical test. The breath test showed his blood alcohol content was .113, over the legal limit of .08.
The Supreme Court in its ruling stated that even if the trooper had an obligation to advise Casper about his entitlement to an independent test at his own expense, his failure to do so amounted to harmless error and affirmed Casper’s conviction.