Colin Christopher Murphy

Colin Christopher Murphy's Legal Cases (186)

West Des Moines, IA

Drug Crime Lawyer at West Des Moines, IA

Practice Areas: Drug Crime, DUI & DWI

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DUI and DWI

State v. S.K., Iowa District Court for Cerro Gordo County No. OWOM4818

May 28, 2009

OUTCOME: Charges Dismissed

The district court suppressed the results of a DataMaster breath test after I successfully refuted the arresting officer’s claim that defendant “refused” to submit to a PBT test. I established that de ... fendant submitted to four PBT tests, each of which provided a reading within 0.003 of 0.06. Because she did not refuse a PBT, and there were no other grounds on which to invoke implied consent, the officer was not authorized to request a breath specimen for chemical testing. The charges were dismissed shortly after the suppression ruling. The administrative license revocation was also rescinded by the DOT resulting in a return of defendant’s driving privileges.

DUI and DWI

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

May 15, 2009

OUTCOME: OWI Amended to Public Intoxication

On May 15, 2009 the district court suppressed the results of a DataMaster breath test on the grounds 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 State amended the charges to simple misdemeanor public intoxication. The DOT also rescinded the license revocation and CDL disqualification resulting in a restoration of defendant’s regular and commercial driving privileges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

State v. N.H., Iowa District Court for Worth County No. OWCR008237

Apr 22, 2009

OUTCOME: Charges Dismissed

On November 7, 2008 the district court suppressed the results of a DataMaster breath test on the grounds that the implied consent advisory was erroneous and misleading regarding the licensing consequen ... ces for a CDL holder driving a non-commercial vehicle who fails a breath test. The State dismissed the charges shortly thereafter. The DOT also rescinded the license revocation and CDL disqualification resulting in a restoration of defendant’s regular and commercial driving privileges.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

State v. M.F., Iowa District Court for Cerro Gordo County No. OWOM004692

Jan 06, 2009

OUTCOME: Charges Dismissed

The district court ruled on January 6, 2009 that the officer did not have reasonable suspicion to believe that criminal activity was afoot when stopping a vehicle driven by defendant. Although the off ... icer testified that the rear license plate lamp was not operating when the vehicle drove through an intersection 20-30 feet away, the traffic stop videotape showed instead that the officer could not have made the observation within 50 feet, the distance required by state law to observe a license plate. As a result, all evidence from the stop, i.e., the field sobriety tests, the breath test and incriminating statements, was declared inadmissible at trial. The administrative license revocation was also rescinded by the DOT resulting in a return of defendant’s driving privileges.

DUI and DWI

State v. E.S., Iowa District Court for Franklin County No. OWCR501496

Dec 23, 2008

OUTCOME: Charges Dismissed

The State dismissed the charge of OWI – First Offense shortly following a December 23, 2008 pre-trial ruling that the arresting officer did not have reasonable suspicion to stop a vehicle exiting from ... a particular parking lot afterhours. The district court agreed with my argument that the officer was not responding to a crime in progress; the officer had no incriminating information regarding the vehicle; the officer observed the vehicle for only a short time in which there were not traffic or equipment violations; there was no erratic driving or furtive movements. As a result, the officer was operating on nothing more than a hunch. Because the Constitution requires much more than a mere hunch to conduct a traffic stop, all the evidence flowing from the stop, i.e., the field sobriety tests, the breath test and incriminating statements, was declared inadmissible at trial. The administrative license revocation was also rescinded by the DOT resulting in a return of defendant’s driving privileges.

DUI and DWI

State v. N.W., Iowa District Court for Cerro Gordo County No. OWOM004672

Nov 13, 2008

OUTCOME: Charges Dismissed

On November 7, 2008 the district court suppressed the results of a DataMaster breath test on the grounds that the implied consent advisory was erroneous and misleading regarding the licensing consequen ... ces for a CDL holder driving a non-commercial vehicle who fails a breath test. The State dismissed the charges shortly thereafter. 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

State v. D.W., Iowa District Court for Worth County No. OWCR008062

Nov 07, 2008

OUTCOME: Charges Dismissed

On November 7, 2008 the district court suppressed the results of a DataMaster breath test on the grounds that the implied consent advisory was erroneous and misleading regarding the licensing consequen ... ces for a CDL holder driving a non-commercial vehicle who fails a breath test. The State dismissed the charges shortly thereafter. The DOT also rescinded the license revocation and CDL disqualification resulting in a restoration of defendant’s regular and commercial driving privileges.

Drug Crime

State v. J.S., Iowa District Court for Cerro Gordo County No. AGCR015377

Feb 13, 2008

OUTCOME: Charges Dismissed

On February 13, 2008 the district court suppressed evidence of a controlled substance discovered following a search of defendant’s wallet found on the floor of the DOT license station. The wallet had ... fallen from defendant’s pocket after he obtained a new driver’s license. After noticing it was missing, he retraced his steps to the station. However, before he arrived, a plain clothes police officer had already looked through its contents. I was able to defeat the State’s argument that the property was abandoned. Furthermore, I was successful in convincing the district court that the community caretaking function of law enforcement was satisfied when the officer opened up the wallet and discovered defendant’s social security card. The discovery of the name on the card, coupled with ability to simply search DOT records for those who had recently obtained licenses that day, led to a finding that further probing the wallet for information was unreasonable under the circumstances. The charges were soon dismissed.

Drug Crime

State v. C.B., Iowa District Court for Worth County No. SRCR007795

Nov 30, 2007

OUTCOME: Charges Dismissed

The State dismissed two counts of Possession of a Controlled Substance shortly after the district court suppressed all evidence in a November 30, 2007 pre-trial ruling attacking the legitimacy of a sea ... rch warrant. I urged, and the district court found, the incriminating character of a small brown vial seized from defendant’s residence was not immediately apparent at the time of a prior warrantless entry into the home. A warrantless search of this vial at the police station formed the basis for the search warrant.

Drug Crime

State v. J.R., Iowa District Court for Worth County No. SRCR007675

Nov 06, 2007

OUTCOME: Charges Dismissed

The State dismissed charges of Possession of a Controlled Substance following a ruling on November 6, 2007 suppressing all evidence seized during a search of a vehicle in which defendant was a passenge ... r. The district court agreed with my argument that general nervousness and minor inconsistencies in the itineraries could only rise to the level of a generalized, vague and subjective hunch of criminal activity, which would not support a warrantless search. Furthermore, the district court adopted my argument that the driver’s consent to search personal belongings did not extend to containers arguably belonging to the passenger, especially where the officer made no effort to determine the ownership of duffel bags in the backseat prior to searching the contents.

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