West Des Moines, IA
Drug Crime Lawyer at West Des Moines, IA
Practice Areas: Drug Crime, DUI & DWI
OUTCOME: Driver's License Revocation Rescinded
On December 29, 2010 the Reviewing Officer overturned the decision of the Administrative Law Judge that revoked my client's driving privileges after determining that we meet our burden of proof followi ... ng the failure of the law enforcement agency to produce the arresting officer to testify at hearing and provide us with a copy of the preliminary breath test calibration log.
OUTCOME: Driver's License Revocation Rescinded
On December 20, 2010 the Administrative Law Judge rescinded the revocation of my client's driver's license following a contested case hearing. I argued, and the ALJ, found that the arresting Iowa Stat ... e Patrol trooper provided wrong and conflicting information regarding the right to an independent blood test. My client was advised that he could only have blood drawn for chemical testing if he first refused breath testing. To the contrary, Iowa law requires that a motorist first consent and submit to breath testing before the right to an independent blood draw can be pursued. The trooper also misadvised about the time period in which my client could contact an attorney for an explanation about the conflicting information he received. As the ALJ found, this was not a case of confusion resulting from intoxication, in which the license revocation would be typically upheld, but rather confusion arising from incorrect and conflicting information originating with the trooper.
OUTCOME: Charges Dismissed
On December 15, 2010, well before Defendant's Motion to Dismiss was scheduled for hearing, the district court granted the State's Application to Dismiss two class C felony counts of possession of metha ... mphetamine as a habitual offender. My investigation revealed that law enforcement essentially arrested, searched and interrogated Defendant following an arguably questionable traffic stop. Rather than call it an arrest, however, which would have triggered Iowa's speedy indictment proceedings to file charges within 45 days, the officers issued what appeared to be a bogus simple misdemeanor citation instead and released Defendant from custody. Formal charges were brought 109 days later, which is too late under uniquely similar circumstances the Iowa Supreme Court just addressed in State v. Wing, No. 08-1048 (Dec. 3, 2010). Each felony count carried the possibility of up to 15 years with a mandatory minimum 3 years served for a total of between 6 and 30 years in prison. This is another example of why it is so important to have your case reviewed by an attorney who specializes in drug defense.
OUTCOME: Charges Dismissed
On December 2, 2010 the district court dismissed the charges of Possession of Methamphetamine upon the State's request following a ruling suppressing evidence discovered during a strip search. I argue ... d, and the district court agreed, that a strip search following an arrest for a simple misdemeanor offense requires, among other things, the written authorization of the shift commander under Iowa Code section 804.30. That and the fact that the search was conducted at the roadside in full view of passersby meant the search was unreasonable and illegal under Iowa law.
OUTCOME: BWI Amended to Public Intoxication
On November 17, 2010 the Wright County magistrate accepted a guilty plea to the amended charge of simple misdemeanor public intoxication and sentenced my client to a minimal fine following the suppress ... ion of the DataMaster cdm breath test result. The law enforcement officer read the implied consent advisory for automobiles, which would have been appropriate had my client been operating his car, but instead he was piloting a boat at the time of the stop. As a result, the advisory was misleading and erroneous regarding the consequences of a breath test failure or refusal on his driving privileges. The plea resulted in no adverse consequence to his boating privileges.
OUTCOME: OWI Amended to Public Intoxication
The State amended the charge of OWI – First Offense to Public Intoxication following a November 12, 2010 pre-trial ruling that DataMaster DMT breath test would be inadmissible at trial. The ruling also ... resulted in the administrative license revocation being rescinded by the DOT and the driving privileges restored.
OUTCOME: Charges Dismissed
On October 11, 2010, after more than a year of litigation in the trial and appellate courts, the district court dismissed the charge of OWI due to the fact there was insufficient evidence to justify pr ... osecution and conviction after my pre-trial discovery and motions established that the administrative regulations for breath testing were not followed, the traffic stop videotape did not record field sobriety testing and the driver’s right to an independent blood test may have been hampered by the actions of law enforcement.
OUTCOME: OWI Amended to Public Intoxication
On October 6, 2010 the magistrate court accepted a plea of guilty to the amended charge of simple misdemeanor public intoxication (reduced down from OWI) following a successful ruling suppressing the b ... reath test result. We established that the implied consent advisory was erroneous and misleading regarding the licensing consequences for a CDL holder driving a non-commercial vehicle who fails a breath test. The DOT also rescinded the license revocation and CDL disqualification resulting in a restoration of defendant’s regular and commercial driving privileges.
OUTCOME: Driver's License Revocation Rescinded
On September 29, 2010 following a hearing on the revocation of my client's driving privileges based on an alleged refusal to submit to chemical testing, the Administrative Law Judge ruled that the arre ... sting officer did not comply with the requirements of Iowa Code section 321J.8 when he neglected to read the implied consent advisory before requesting a breath specimen for testing on the DataMaster DMT. My client was never informed of the consequences of taking and failing the test or refusing to consent to chemical testing. As a result, the refusal to consent could not be used to revoke her driving privileges.
OUTCOME: Charges Dismissed
On August 25, 2010 the district court dismissed the charge of OWI due to the fact that I had successfully suppressed breath test evidence obtained after defendant requested, but was not provided with, ... a telephone call to his spouse after he was taken into custody. The evidence established that the officer had not complied with the requirements of Iowa Code section 804.20, which mandates that an arrested person be allowed to contact a family member or attorney from the jail upon request else the breath test is suppressed.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
