Was charged with dui in Iowa as first offense...however I have a prior dui in PA. I haven't saw anything and my trial is next week, can they upgrade my charges? Thank you
In order to convict you of the enhanced 2nd Offense, the State would have to serve you with notice that you were being charged as a second offense. If a Supplemental Trial Information is not filed the case cannot be prosecuted as a second. A prosecutor could however, use a prior out of state conviction for sentencing purposes if a conviction is obtained even if it is not charged as a second offense. The sentencing range would be for a first offense (2 -365 days) though as opposed to a second offense (7 days - 2 years).See question
I was on probation for a misdemeanor charge. As a condition to be released from probation the state forced me to provide a DNA sample. They said this was because I was a felon? I attempted to explain this was not accurate and I had never been c...
Iowa law also requires certain misdemeanor convictions to submit to DNA sampling. If you were convicted of an aggravated misdemeanor, Iowa now requires submission of a DNA sample. (Iowa Code section 81.2). That law went into effect July 1, 2014.See question
No. Convictions for criminal offenses (with the exception of public intoxication and minor in possession of alcohol) and traffic infractions cannot be expunged in the State of Iowa. They will remain on your driving record for 12 years. After 12 years have passed, the Department of Transportation removes them from your record.See question
So I was arrested with Cannabis & I had a scale and a pipe. This is the first time I've ever been in any sort of trouble but I haven't received or heard anything about my case. What are the laws or rules shouldn't I have received something by now?
Were you served a citation, did you bond out or did you see a judge? If so, you should have received a court date. If paperwork was misplaced or not given to you, you can put your name into Iowacourts.gov and see if your case is listed online yet. If so, the next court date will be listed under that case number. You can also contact the clerk of court of the county you are charged in to see if they have a court date listed for you.See question
DUI conviction 3rd offense in FL. Now living and working in IA. Need transportation to and from work.
It will depend on the restrictions in Florida because Iowa will normally honor those. If you qualify for a restricted license in Florida you can change your residency to Iowa and apply for a restricted license here. If it was your 3rd offense in 12 years though, the Iowa DOT may still require a year of your revocation to have passed before you can obtain a restricted license. You will also need to have an ignition interlock device installed and SR22 insurance.See question
got a dui a year and half ago. Just got letter from County saying it has been expunged.
Yes, you will still need to maintain SR22 insurance even though your OWI has been expunged. Iowa law requires that you maintain SR22 insurance for two (2) years following an operating while intoxicated licenses suspension. This is a Department of Transportation requirement which is separate and distinct from the criminal portion which involved your deferred judgment. The DOT will send you a notification of when the SR22 requirement is removed.See question
My husband was charged in 2000 of sex abuse 2 nd degree and is tier 3 on registry. He has never been in trouble since this incident and we are married with 2 kids. He's an amazing person who made bad choices when he was young, but our kids are pay...
Contact Scott Michels at GRL Law in Des Moines. He specializes in this area. Here is a link to the eligibility requirements. http://www.grllaw.com/criminal-defense-division/sex-offender-registry-modification/default.aspxSee question
2 cousins admitted to the police about lying about their ages to get a man to sleep with them. When the grandmother of the girls found out, she called 911. the man is now being charged with class c felonies on 2 counts. This was in Iowa. The guy c...
Whether a person should plead guilty or not is a recommendation that only the individual's lawyer with knowledge of the facts of the particular case is competent to make. To answer your question though, 16 is the age of consent in Iowa (15 - 14 and the other participant must be less than 4 years older). Here is a resource that spells out additional ways this offense may be charged.
(http://www.grllaw.com/criminal-defense-division/charges-offenses/sexual-abuse-rape/). Intent is not an element of that offense and technically being lied to is not a legal defense to the charge in those situations. Many times these cases come down to whether or not the State can prove that a sex act took place. Mental health and intent may be a relevant factor for sentencing (although many of these offense require prison) but the Sex Offender Registration requirements are mandatory and are triggered simply by the conviction.
August 2015, vehicle accident. taken to Hospital and was treated for injuries. while there State patrolman attempted to ask questions and get me to blow in hand held device. I was drugged and unable too. he asked for blood test and I refused. I wa...
Your drivers license should NOT have been disqualified if you only refused a blood draw request. In Iowa you have a right to refuse a blood draw and your driving privileges cannot be disqualified for that refusal. In that situation the officer is required to then request a urine sample which if refused, does result in a license suspension. I strongly suggest that you check the status of your driving privileges with the Department of Transportation. Also, the statute of limitations for OWI in Iowa is three years. If they have not charged you yet, I agree with Ms. Knight that chances of you being charged now are low.See question
I was involved in an accident on January 9th 2017, the police couldn't get the report on time until January 18th 2017, after 1 week. When the other driver's insurance contacted me i told them that I needed car for my work, they told send me to Ent...
A rental car may be covered by your own insurance plan but the at-fault driver's insurance provider is not legally required to provide you with a rental car. If the insurance company does not agree to pay for the rental for a reasonable time, that cost would be something you would pay upfront but that would then be a reimbursable expense as a damage incurred due to the fault of the other driver. Ultimately, the at-fault parties insurance company will usually be required to pay it at the end of the day which is why a sensible insurance company will usually agree to pay for the rental car on the front end for a reasonable amount of time.See question