Colin Christopher Murphy
PRO

Colin Christopher Murphy's Legal Cases (183)

West Des Moines, IA

Drug Crime Lawyer at West Des Moines, IA

Practice Areas: Drug Crime, DUI & DWI

Call for a consultation Call (855) 946-0886 Message View Profile
Call for a consultation Call (855) 946-0886 Message View Profile
Drug Crime

State v. M.E., Iowa District Court for Mitchell County No. AGCR023728

Dec 02, 2010

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.

DUI and DWI

State v. J.M., Iowa District Court for Wright County No. OWCR009916

Nov 17, 2010

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.

DUI and DWI

State v. J.C., Iowa District Court for Cerro Gordo County No. OWOM005418

Nov 12, 2010

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 resulted in the administrative license revocation being rescinded by the DOT and the driving privileges restored.

DUI and DWI

State v. P.C., Iowa District Court for Floyd County No. OWCR021706

Oct 11, 2010

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.

DUI and DWI

State v. H.R., Iowa District Court for Wright County No. OWCR009569

Oct 06, 2010

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.

DUI and DWI

T.M.C. v. Iowa Dep't of Transportation, No. 10DOTOW2033

Sep 29, 2010

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.

DUI and DWI

State v. J.O., Iowa District Court for Cerro Gordo County No. OWOM005265

Aug 25, 2010

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.

Drug Crime

State v. S.K., Iowa District Court for Cerro Gordo County No. SRCR018996

Aug 06, 2010

OUTCOME: Charges Dismissed

The State dismissed charges of Unlawful Possession of Prescription Drug shortly before hearing on my motion to suppress evidence once it became clear that the warrantless search of a purse was done wit ... hout probable cause and exigent circumstances.

Drug Crime

State v. A.L., Iowa District Court for Cerro Gordo County No. FECR018440

Jun 22, 2010

OUTCOME: Charges Dismissed

The State was left with no option but to dismiss felony charges of Possession of a Controlled Substance as a Habitual Offender following a favorable June 22, 2010 ruling suppressing all evidence seized ... during a search warrant execution at defendant’s residence. I urged, and the district court found, that there were insufficient facts alleged in the affidavit to provide probable cause to issue the warrant. The district court concluded there was an insufficient nexus established connecting the particular residence to drug activity. It also found that the allegations of suspicious activity at the home were too remote in time to conclude that narcotics would be located there on that particular day, despite the fact that they were provided by a confidential informant. A conviction would have resulted in the imposition of an enhanced sentence of up to 15 years with a minimum sentence of 3 years served due to the number of prior felony convictions.

DUI and DWI

State v. G.R., Iowa District Court for Cerro Gordo County No. OWOM005182

May 10, 2010

OUTCOME: OWI Amended to Public Intoxication

On May 10, 2010 the district court amended the charge of OWI to simple misdemeanor public intoxication after discovery revealed the arresting 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.

Avvo Rating

Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.

What determines Avvo Rating?
  • Experience & background Years licensed, work experience, education
  • Legal community recognition Peer endorsements, associations, awards
  • Legal thought leadership Publications, speaking engagements
  • Discipline Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.
Avvo Rating Levels
Learn More About the Avvo Rating