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. D.J., Iowa District Court for Mitchell County No. OWCR023289

Sep 03, 2013

OUTCOME: OWI Amended to Public Intoxication

On September 3, 2013 the district court accepted the State's motion to amend the charge of OWI to public intoxication with a recommended fine of $65 and no jail, thereby avoiding jury trial in a case i ... nvolving a motorcycle accident and DataMaster DMT test result exceeding .200. We were poised at trial to establish that the State could not prove beyond a reasonable doubt when the accident occurred, which called into question the two-hour presumption the State enjoys at trial for "proving" the breath alcohol concentration at the time of driving. Also, there was a massive disconnect between the results of the field sobriety tests and the breath test, which would have allowed us to successfully present a rising breath alcohol defense.

DUI and DWI

N.K. v. Iowa Dep't of Transp., No. 13DOTOW0926

Aug 23, 2013

OUTCOME: License Revocation Rescinded

On August 23, 2013, the Reviewing Officer reversed the prior decision of the administrative law judge that revoked my client's driving privileges for an OWI test refusal. We argued, and the Reviewing ... Officer agreed, that the trooper did not honor my client's request for an independent blood test under Iowa Code section 321J.11. As a result of the ruling, the revocation of my client's driving privilege and the suspension of his registration privilege was rescinded from his driving record.

DUI and DWI

J.L. v. Iowa Dep't of Transp., No. 13DOTOT0183

Jul 16, 2013

OUTCOME: Driver's License Revocation Rescinded

On July 16, 2013 the administrative law judge rescinded the revocation on my client's driver's license and commercial driving privileges based on an out-of-state test refusal that occurred in 2011. We ... argued, and the ALJ agreed, that there was insufficient evidence in the official record to take action on his Iowa driving privilege. We also raised the equitable doctrine of laches because of the significant time delay between the out-of-state occurrence and the notice of the possible effect in Iowa (18 months). Had we not prevailed, the revocation would have been for two years with no ability to operate a commercial motor vehicle within that time frame. The ALJ's proposed decision was upheld on appeal.

Drug Crime

State v. C.K., Iowa District Court for Kossuth County No. SRCR009272

May 30, 2013

OUTCOME: Marijuana Possession Charge Dismissed

On May 30, 2013 the district court dismissed the charge of Possession of Marijuana following a contested hearing on a Motion to Dismiss. The court found under the circumstances that any reasonable per ... son, transported to the police station in a police vehicle, detained by law enforcement until such time as they had obtained a search warrant, told that they have a right to remain silent and given their Miranda rights, and interrogated and told they could work off charges by cooperating with law enforcement would have unquestionably believed that they were under arrest at that point in time on March 2, 2012. Because the State waited several months to file charges, we challenged the legality of the filing due to the fact that Iowa requires that charges be filed within 45 days of an arrest. Although there was no techical arrest on March 2, 2012, we argued, and the court agreed, that a reasonable person would have felt as if they were under arrest.

DUI and DWI

State v. G.M., Iowa District Court for Worth County No. OWCR009312

May 15, 2013

OUTCOME: Not Guilty Verdict - OWI

On May 15, 2013 a jury returned a verdict of Not Guilty after deliberating 25 minutes over whether my client was under the influence of alcohol or had a breath alcohol concentration over .08. The Stat ... e introduced a breath test result of .085 obtained about an hour after my client last drove. We presented expert testimony that breath testing at a time when the person is still absorbing alcohol will overestimate the person's true blood alcohol concentration. We also showed that the combined uncertainty associated with the method of breath testing cast reasonable doubt on whether my client's alcohol concentration was over .08 at the time he was driving. We further demonstrated that the arresting officer did not properly administer standardized field sobriety exercises and, therefore, the conclusions he reached was not supported by valid cues of impairment.

Drug Crime

State v. A.D., Iowa District Court for Cerro Gordo County No. SRCR021433

May 13, 2013

OUTCOME: Possession of Marijuana Charge Dismissed

On May 13, 2013 the district court granted the State's voluntary application and order for dismissal of the charge of Possession of Marijuana for the reason there was insufficient evidence to justify p ... rosecution and conviction of my client. The dismissal was sought mere hours before hearing on a Motion to Suppress, which challenged a K9 sniff and subsequent search of my client's vehicle. We were prepared to argue that mere nervousness, standing alone, is not sufficient reasonable suspicion to detain a driver to await a drug K9. Having fully briefed the issue and prepared to cross examine the arresting officer regarding his report and traffic stop DVD, the dismissal did not come as a surprise. We were confident the same result would have necessarily followed the hearing.

DUI and DWI

State v. M.G., Iowa District Court for Cerro Gordo County No. OWOM006019

May 06, 2013

OUTCOME: BWI Amended to Public Intoxication

On May 6, 2013 the district court approved the State's application to amend the charge of Boating While Intoxicated to Public Intoxication, with a sentencing recommendation of the minimum fine of $65 a ... nd no jail, after we were successful in suppressing a chemical test result. We established that the arresting officer did not following the breath testing protocol in failing to properly observe a 15-minute waiting period before requesting a breath sample for testing on the DataMaster DMT. Without the breath test result, the State was left with field sobriety exercises developed for the marine environment, which are even less reliable than those developed for roadside testing. Once it was pointed out that the exercises do not establish the person is incapable of operating a boat safely, the State moved to amend shortly before trial.

Criminal defense

State v. B.C., Iowa District Court for Cerro Gordo County No. AGCR021721

Feb 22, 2013

OUTCOME: Accessory After the Fact Charge Dismissed

On February 22, 2013 the magistrate was left with little choice but to dismiss the charge of Accessory After the Fact, an aggravated misdemeanor, at the preliminary hearing stage upon a successful show ... ing that the alleged acts of my client did not constitute probable cause that a crime had occurred. This is an example of an instance when, in the rare cases where a preliminary hearing is held, the court may not agree to bind over the charge to district court. This is why waiving a preliminary hearing may not be the best choice to make under the unique circumstances of a case.

DUI and DWI

State v. E.C., Iowa District Court for Cerro Gordo County No. OWOM005954

Feb 06, 2013

OUTCOME: OWI Charge Dismissed

On February 6, 2013 the district court granted the State's Application for Dismissal of the charge of OWI - First Offense prior to trial. In pretrial motions, we were successful in limiting the use of ... a very low breath test result such that it essentially dismissed the per se offense of operating while above .08. We were prepared to defend the case on the basis of coordination exercises, i.e., field sobriety testing, when the State decided to dismiss. My client maintained his driving privileges throughout the case. And, with the dismissal, there was no way for the DOT to revoke him because there would be no conviction.

DUI and DWI

State v. J.M., Iowa District Court for Cerro Gordo County No. OWOM005932

Feb 06, 2013

OUTCOME: OWI Amended to Reckless Driving

On February 6, 2013 the State avoided a potential reversal of a ruling admitting a chemical test at trial by amending the charge of OWI to a simple misdemeanor charge of reckless driving. We were init ... ially unsuccessful in challenging the implied consent procedure. However, it soon became apparent after the ruling that the officer had based his conclusions regarding whether to request chemical testing on field sobriety tests for which he was not qualified to administer or interpret.

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