Case Conclusion Date: 02.29.2008
Practice Area: DUI & 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.