West Des Moines, IA
Drug Crime Lawyer at West Des Moines, IA
Practice Areas: Drug Crime, DUI & DWI
OUTCOME: Not Guilty Verdict
On January 17, 2013 the court found my client Not Guilty of Fraudulent Practices when the State failed to prove beyond a reasonable doubt that he made false representations to obtain $14,560 in unemplo ... yment benefts. We successfully argued that another individual used his identity to apply for and obtain weekly benefits during a period of time when my client was fully employed.
OUTCOME: OWI Third Offense Charge Dismissed
On December 10, 2012 the district court approved the State's application for dismissal following a successful ruling on my client's motion to suppress. We established that the officer did not have rea ... sonable suspicion of criminal activity to stop a car for alleged squealing tires and crossing the center line of the road. The dismissal avoided the potential of a felony charge with a minimum 30 days of jail, up to 5 years supervised release, a fine of between $3125 and $9375 and a six-year license revocation. The suppression ruling also allowed us to reinstate my client's driving privileges, including his CDL.
OUTCOME: OWI Second Offense Amended to Reckless Driving
On December 10, 2012 the district court approved the State's application and order to amend the charge of OWI - Second Offense to a simple misdemeanor charge of Reckless Driving following the inability ... of the state crime lab to provide calibration records for the Intoxilyzer 4011A breath testing device used 22 years ago to analyze a sample of my client's breath for alcohol concentration. This is just another example of what the dogged pursuit of discoverable evidence, or lack thereof, can yield in the course of properly defending those accused of drinking and driving.
OUTCOME: Class B Felony Drug Possession Charge Dismissed
On December 4, 2012 the district court dismissed a class B felony charge of possession with intent to deliver methamphetamine (99% purity) shortly after I filed a motion to suppress challenging the tra ... ffic stop. Law enforcement claimed that the vehicle was operating without headlamps at night, which, of course, was not captured on the in-dash camera. However, we were prepared to show that the 1997 Chevrolet Lumina had automatic daytime running lamps that automatically converted to headlamps at night. That reason, coupled with the fact that law enforcement claimed that they couldn't tell whether the driver, a 6'1" male, was the same 5'2" female who owned the vehicle and whose license was suspended, apparently made the State rethink the legal basis for the stop.
OUTCOME: Not Guilty Verdict - OWI
On October 2, 2012 a jury returned a verdict of Not Guilty after deliberating more than 6 hours to the charge of OWI. We presented a rising breath alcohol defense to a DataMaster DMT result of .093 by ... successfully cross-examining the criminalist from the state crime lab. My client was stopped for a seat belt violation a few blocks from his home after consuming his last of three beers 20 minutes before the stop. We successfully defended against the claim that passing scores on two of three standardized field sobriety tests meant that my client was "under the influence" of alcohol. This is another example of why attorneys should not plead their clients guilty with low breath test results on the DataMaster. With the right presentation, these cases are not only defensible, they are winnable.
OUTCOME: OWI Charge Dismissed
On August 23, 2010 the district court granted the State's Application and Order for Dismissal on the grounds there was insufficient evidence to justify prosecution and conviction following a successful ... pretrial motion suppressing a breath test refusal and a mistrial in district court.
OUTCOME: Not Guilty Verdict
On July 17, 2012 a jury returned its verdict of Not Guilty following trial on the charge of Criminal Mischief in the 4th Degree and the lesser included offense of Criminal Mischief in the 5th Degree. ... The State alleged that my client had damaged several items of property beloning to another person. We successfully obtained a directed verdict in our favor on a number of items at the close of the State's case. Then, we successfully argued that the State failed to prove who owned the remaining items, whether there was any damage and whether there was any cost incurred to repair or replace any damage.
OUTCOME: OWI Second Offense Charge Dismissed
On July 9, 2012 the district court granted my Motion to Dismiss for the reason that the State specially set trial more than one year from the date of my client's arraignment. The State made no applica ... tion to extend the time period and was unable to assert good cause to extend the trial deadline past one year in response to my motion.
OUTCOME: Chevrolet Tahoe SUV Returned
On July 9, 2012 the district court ordered the return of a Chevrolet Tahoe SUV to its owner after we successfully established that the property was no longer required as evidence, the investigation int ... o any criminal activity was completed and the seizing agency had not yet filed a forfeiture request for several months following the seizure.
OUTCOME: OWI Charge Dismissed
On June 12, 2012 the district court granted the State's voluntary dismissal in the interests of justice of the charge of OWI following a successful motion suppressing breath test evidence and ruling th ... at it could not be introduced at trial. We argued and the district court found that the arresting officer did not honor my client's right to make a telephone call to his wife once he reached the jail as allowed under Iowa Code section 804.20.
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