Attorney Colin Christopher Murphy's Legal Cases

Drug Crime

In the Matter of the Property Seized from G.A. and J.D., Iowa District Court for Cerro Gordo County No. SPCV068293/SPCV068294

Feb 14, 2014

OUTCOME: Forfeiture of $25,000 Prevented

On February 14, 2014 the district court ruled that the State failed to carry its burden showing by a preponderance of evidence that the $25,000 seized during a traffic stop was the proceeds of a drug t ... ransaction or money to be used in the commission of a drug offense. We successfully objected to evidence of ion scan testing that presumably showed trace amount of certain narcotics on certain bills (isn't all money in circulation contaminated with drug residue?).

Criminal defense

State v. H.C., Iowa District Court for Cerro Gordo County No. STA0067156

Feb 13, 2014

OUTCOME: Not Guilty Verdict - Unsafe Railroad Crossing

On February 13, 2014 the magistrate returned a verdict of not guilty in a case alleging an unsafe railroad crossing in violation of Iowa Code section 321.341. The evidence showed that the Union Pacifi ... c Railroad and local law enforcement were engaged in a combination safety and enforcement operation designed to highlight railroad crossing safety. For a news account of the operation that day, see http://globegazette.com/news/local/train-safety/article_4faf24b9-bd50-5440-823c-99a297b1d472.html. There was conflicting testimony whether my client came to a complete stop at the crossing before continuing on despite the fact that the train was approximately 100 yards away, traveling 10 mph with no whistle. This discrepancy was enough to generate reasonable doubt in the mind of the court. The lack of video footage proving the failure to come to a complete stop was a factor considered by the court.

DUI and DWI

K.S. v. Iowa Dep't of Transp., No. 13DOTOW3525

Jan 31, 2014

OUTCOME: Driver's License Revocation Rescinded

On January 31, 2014 the administrative law judge rescinded and removed the revocation of my client's driving privileges for a breath test failure after we established the arresting deputy, a former tro ... oper with the Iowa State Patrol, failed to honor a timely request by my client to see his parents at the jail before deciding whether to submit a breath sample for chemical testing. Under Iowa Code section 804.20, a person arrested has the right to "call, consult and see" a family member without delay at the place of detention. Simply providing the opportunity to place a phone call is not enough if the driver also wants to see his family.

Drug Crime

In Re Property Seized for Forfeiture from Boughton, 2014 WL 70300 (Jan. 9, 2014)

Jan 09, 2014

OUTCOME: Forfeiture of Automobile Reversed

On January 9, 2014 a unanimous three-judge panel of the Iowa Court of Appeals reversed a district court order forfeiting a Chrysler 300M automobile valued at $17,000. We successfully challenged on app ... eal the lack of substantial evidence that the vehicle was used in the commission of a drug offense. The Court of Appeals also agreed the evidence showed that only a portion of the purchase price of the vehicle was tainted with drug proceeds such that my client will recover 66 percent of the sale price of the vehicle at a commercially reasonable auction.

Criminal defense

State v. W.L., Iowa District Court for Winnebago County No. SRCR015115

Dec 30, 2013

OUTCOME: Jury Conviction Set Aside

On December 30, 2013, the district court set aside my client's conviction for Driving While Revoked in violation of Iowa Code section 321J.21 following a jury trial. We argued at the close of the stat ... e's case that there was no evidence introduced that my client was revoked by the DOT under the particular code section at issue rather than revoked in general. Because we believed this was an essential element to the charge, we asked for the case to be dismissed. The court disagreed and allowed the matter to be submitted to the jury. Following the verdict, we filed post-trial motions to arrest the judgment. After considering our position, the court reversed itself, set aside the conviction and dismissed the charges.

Criminal defense

State v. K.A., Iowa District Court for Cerro Gordo No. SRCR022618

Dec 27, 2013

OUTCOME: Possession of Marijuana - Second Offense Dismissed

On December 27, 2012 the associate district court dismissed the charge of Possession of Marijuana- Second Offense against my client after we persuaded the county attorney that the grounds supporting th ... e traffic stop were suspect. The trooper claimed that one of my client's headlamps was not functioning when he first met the car on the roadway, but then it came on as the trooper turned around to follow. The trooper also claimed the car was traveling 4 miles per hour over the posted speed limit, but never issued a warning or a citation for the violation. My client pleaded guilty to possession of drug paraphernalia, a simple misdemeanor, which would not result in a driver's license revocation or CDL disqualification.

DUI and DWI

J.L. v. Iowa Dep't of Transp., No. 13DOTOT069

Dec 12, 2013

OUTCOME: Driver's License Suspension Rescinded

On December 12, 2013 the administrative law judge rescinded the DOT's decision to suspend my client's privileges to operate and register motor vehicle due to an alleged out-of-state violation of a rest ... ricted license. We successfully persuaded the judge that the Illinois DMV had incorrectly coded a conviction for No Driver's License as a work-permit violation. In Iowa, a No DL conviction is a non-moving violation that would not result in a loss of the work permit. As a result, the DOT could not take action on my client's work permit because no action would be taken if the conviction occurred instead in Iowa.

DUI and DWI

J.H. v. Iowa Dep't of Transp., No. 13DOTOT0318

Oct 08, 2013

OUTCOME: Driver's License Suspension Rescinded

On October 8, 2013 the administrative law judge rescinded the suspension of my client's driver's license for an alleged violation while on probation. The license had been revoked following an OWI brea ... th test failure. Upon reinstatement, a driver is required to remain conviction free for one year or else face a suspension. The record in this case showed my client pleaded guilty to an out-of-state conviction for a U-turn violation, which triggered a possible suspension. We convinced the judge to exercise her discretion to extend the period of suspension and order completion of a driver improvement course in lieu of suspending the driving privileges.

DUI and DWI

State v. V.S., Iowa District Court for Cerro Gordo County No. OWOM006275

Oct 01, 2013

OUTCOME: OWI Amended to Reckless Driving

On October 1, 2013 the magistrate accepted a plea to the amended charge of simple misdemeanor reckless driving, which was reduced from OWI. Discovery revealed that the Iowa State Patrol trooper admini ... stered a preliminary breath test 5 times, without changing the mouthpiece, before allegedly obtaining a test result exceeding .08. Because the PBT result was the only basis on which the trooper relied in invoking implied consent (he did not arrest my client), the DataMaster DMT test result, itself just over the .08 threshold, was in jeopardy. Furthermore, the DMT result obtained more than an hour after my client last operated a vehicle, didn't necessarily establish that the breath alcohol concentration was over .08 at the time.

DUI and DWI

State v. J.R., Iowa District Court for Wright County No. OWCR032647

Sep 06, 2013

OUTCOME: OWI - Second Offense Amended to Public Intoxication

On September 6, 2013 the district court accepted the State's application to amend the charge of OWI - Second Offense to Public Intoxicatipn and sentenced my client accordingly on the eve of trial. We ... were prepared to present a rising breath alcohol defense after the facts established that DataMaster DMT testing took place more than one hour after the time of the stop. This defense was buttressed by the fact that the officer did not arrest my client after field sobriety testing, which opened the door to argue that he wasn't under the influence at the time of the stop, but only at the police station.

Colin Christopher Murphy's Legal Cases (186)

In the Matter of the Property Seized from G.A. and J.D., Iowa District Court for Cerro Gordo County No. SPCV068293/SPCV068294

State v. H.C., Iowa District Court for Cerro Gordo County No. STA0067156

K.S. v. Iowa Dep't of Transp., No. 13DOTOW3525

In Re Property Seized for Forfeiture from Boughton, 2014 WL 70300 (Jan. 9, 2014)

State v. W.L., Iowa District Court for Winnebago County No. SRCR015115

State v. K.A., Iowa District Court for Cerro Gordo No. SRCR022618

J.L. v. Iowa Dep't of Transp., No. 13DOTOT069

J.H. v. Iowa Dep't of Transp., No. 13DOTOT0318

State v. V.S., Iowa District Court for Cerro Gordo County No. OWOM006275

State v. J.R., Iowa District Court for Wright County No. OWCR032647