West Des Moines, IA
Drug Crime Lawyer at West Des Moines, IA
Practice Areas: Drug Crime, DUI & DWI
OUTCOME: Forfeiture of Vehicle Prevented
On January 10, 2012 the district court ordered the return of a 2008 Chevolet Impala, which was seized and held for forfeiture following a traffic stop, to the owner after we successfully established th ... at the owner did not know nor should have known that the vehicle was intended to be used in the commission of a criminal offense.
OUTCOME: Forfeiture of $5,900 Prevented
On January 4, 2012 the district court entered an order requiring the Iowa State Patrol to return $5,900 seized during a traffic stop after we established that there was no pending investigation and no ... forfeiture petition filed. The money was seized from the driver of the vehicle three years ago following a traffic stop.
OUTCOME: OWI Amended to Public Intoxication
On December 23, 2011 the district court accepted the State's amendment from OWI to Public Intoxication following an order suppressing a DataMaster DMT breath test based on a questionable traffic stop. ... I was able to create sufficient "mistake of fact" question regarding whether the license plate lamps on the vehicle were in proper working order at the time of the traffic stop. The arresting officer's in-dash camera recording showed dim but operating lamps. Because the officer was mistaken about whether the lamps were, in fact, operating properly at the time of the stop, the stop was arguably illegal. The State amended the charge to simple misdemeanor Public Intoxication. The suppression order allowed us to petition to the DOT to reinstate my client's driving privileges and remove the administrative revocation from his certified driving record.
OUTCOME: OWI Amended to Public Intoxication
On November 16, 2011 the court accepted a plea to the amended charge of public intoxication following the withdrawal of my motion to suppress challenging whether the State could prove that my client wa ... s "operating" a motor vehicle from the passenger seat. There was sufficient evidence in dispute regarding whether the vehicle was on at the time the officer drove past or whether my client was even behind the wheel. In most cases, operation is not a disputed issue. But in those cases where it is a disputed fact, you need to draw in every fact that demonstrates that the alleged driver was not in "actual, immediate physical control" of a running vehicle.
OUTCOME: Not Guilty Verdict - OWI Third Offense
The jury returned a well deserved verdict of not guilty following trial on the charge of third offense OWI. This case involved a test refusal with no traffic stop video. Although the arresting office ... r alleged poor driving, failed roadside agility tests, admission of drinking, I was able to successfully rebut each allegation before the jury. Highlights included cross examining the officer about new revelations about poor driving made for the first time at trial (not a good thing for law enforcement because it raises questions about why the allegations didn't appear in the initial report) and optikinetic nystagmus, an eye reflex that can be induced by flashing emergency lights that is indistinguishable from the nystagmus the officer claims results from alcohol. A third offense OWI is sentenced as a class D felony with a mandatory 30-days in jail or up to five years in prison, a minimum fine of $3,125 and a 6-year license revocation, all of which were negated by the verdict in our favor.
OUTCOME: OWI (Marijuana) Charge Dismissed
On October 4, 2011 the district court granted the State's Application and Order for Dismissal of the charge of driving under the influence of marijuana as a result of a revelation made by the trooper d ... uring the suppression hearing. I challenged whether the officer had reasonable grounds to request a urine test following observations made once the vehicle was stopped for a registration violation. During the hearing, the trooper admitted to placing my client under arrest for OWI on the date of the stop, which is not common practice in cases where blood or urine samples are requested. Because of the delay occasioned by urine testing at the DCI laboratory, the State did not file the trial information for a few months. After the trooper admitted the arrest, I asked for a brief recess during which time I moved to amend the motion to suppress to include a motion to dismiss for the late filing. The State had no choice but to concede the issue and dismiss the charge.
OUTCOME: Felony Drug Possession Charge Dismissed
On September 30, 2011 the district court granted my Motion to Dismiss under Iowa, Rule of Criminal Procedure 2.33(2)(c) for failing to bring the charge of Possesion of Marijuana with Intent to Deliver, ... a class D felony, to trial within a year of arraignment.
OUTCOME: OWI Amended to Public Intoxication
On September 30, 2011 the district court accepted a plea to the amended charge of public intoxication and sentenced my client to no jail and a minimal fine in a case involving a single car rollover acc ... ident. I was able to raise doubt regarding a rising blood alcohol defense after discovery revealed more than a two-hour delay in drawing blood. I also showed that significantly less than the normal 10 ml of blood was drawn, which raised issues of the "salting out" effect of the sodium fluoride preservative used in grey-top test tubes.
OUTCOME: OWI Amended to Public Intoxication
On September 12, 2011 the district court granted the State's application to amend the charge of OWI to public intoxication after I was able to successfully explain the disconnect between my client's ve ... ry good performance on field sobriety tests and a DataMaster breath test result more than twice the legal limit. I established through expert testimony that my client's medically documented diagnosis of GERD was more likely than not the culprit. Refluxing causes mouth alcohol. The breath test was performed on the older DataMaster cdm, which unlike the newer DMT model, does not produce a graphic breath alcohol profile to rule out the presence of mouth alcohol. I was able to establish the beer that my client purchased at the casino after he arrived plus the confirmed GERD diagnosis made the resulting breath test scientifically unreliable.
OUTCOME: OWI 2nd Offense Charge Dismissed
On August 29, 2011 the district court granted the State's application to dismiss the charge of OWI - 2nd offense following a favorable ruling that suppressed a breath test from evidence at trial. I wa ... s able to show that the calibration of the particular PBT unit had not been checked for several months in 2011, which rendered the results suspect. I was also able to establish that the driver was not properly arrested for purposes of implied consent. Because these were the only two grounds upon which the officer relied to request a breath sample for testing on the DataMaster DMT, the test result was suppressed. The suppression ruling also allowed me to petition the Iowa DOT to rescind the test result revocation from the driver's certified driving record and reinstate the driving privileges.