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State v. Dohlman12/30/2002
Robert Dohlman appeals his convictions for two counts of homicide by vehicle and two counts of serious injury by vehicle. He claims: (1) the district court should have granted his motion to dismiss; (2) the court should have granted his motion to suppress evidence relating to his blood alcohol level; (3) the court should have granted his motion for judgment of acquittal; (4) section 707.6A (1999) is unconstitutional; and (5) section 910.3B is unconstitutional. We reverse.
I. Background Facts
On December 5, 1998, Dohlman went deer hunting with some friends and relatives. That evening at about 6:15 p.m., he met his cousin, James Dohlman (Jim), and some friends, Kurt Bill and Robert Foster, at Bob's Bar in Riceville. They left soon afterwards, at about 6:30 p.m., to visit the home of Christopher John Schwarck, where Dohlman had a beer. They then went to Deer Camp at about 7:30 p.m. Dohlman ate a meal and drank another beer. Foster remained at Deer Camp, but Dohlman, Jim and Bill left at about 9 p.m.
Dohlman went to his home for a period of time, where he had a cheeseburger and a glass of milk. At about 11 p.m., he went with Jim and Bill to the Red Man Inn in McIntire. James and Jessica Sweeney were disc jockeys at the Inn that night. Dohlman had at least two beers at the Inn. Jessica testified Dohlman seemed to be under the influence of alcohol. Other witnesses stated Dohlman did not appear intoxicated--these witnesses were Jim, Irene Quinn (owner), Marlyn Kulow (owner), Christine Bundy (bartender), David Hanson (acquaintance), Kari Moetsch (acquaintance), and Dawn Fluggum (girlfriend).
Dohlman, Jim and Bill left the Inn at about 1:30 a.m. on December 6, 1998, with Dohlman driving. As they were driving, they came behind the Sweeneys' van, which was driven by Jessica. Dohlman was traveling at fifty-eight miles per hour in a fifty-five-miles-per-hour zone, while the Sweeney van was going more in the range of forty-five to fifty-five miles per hour. Dohlman pulled out to the left in order to pass the Sweeney van. Dohlman stated he saw a deer on the left, and that in making an evasive maneuver, he hit the Sweeney van. [FN1] The Sweeney van rolled two and one-half times. James Sweeney was ejected from the van, and he died as a result of his injuries. Jessica had a broken vertebrae and arm, and she was taken to the hospital. The accident occurred at about 1:40 a.m.
FN1. Bryan Shupe, a former technical accident investigator for the Iowa State Patrol, testified he could not prove or disprove Dohlman's statement concerning making an evasive movement to miss the deer.
The McIntire First Responders were the first emergency personnel to arrive at the scene. None of them were called to testify for this case. Riceville police officer Troy Brandau arrived next. Officer Brandau did not see anything to lead him to believe Dohlman was intoxicated. Stacyville police officer Jerry Jensen also arrived at the scene. Officer Jensen had a conversation with Dohlman and did not notice any signs that he was under the influence of alcohol. Some civilian bystanders were also present at the accident scene. [FN2] None of these witnesses testified Dohlman was intoxicated or appeared to be under the influence of alcohol.
FN2. These witnesses were Moetsch, Lauralae Nelson Winfield, Tobias Winfield, Barry Johnson, Scott Bauer, and Kelly Bauer.
*2 State Trooper William Mainprize came to the scene at 3:10 a.m., and State Trooper Greg Salier arrived at 3:38 a.m. They gave Dohlman field sobriety tests, which he passed without showing signs of intoxication. Dohlman took a preliminary breath test, which was below the legal limit. Because he had been involved in a fatal accident, however, they took Dohlman to a hospital for a blood test. He had a test
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