Hello, I was recently cited with driving while my license was suspended. To give background, I got an OWI last year and my case was deferred since it was my 1st offense and I was eligible. I have completed all requirements of my deferrment, paid my fines, and paid my probation fines. I did not know that my license was suspended (apparently the temporary restricted license that I had no longer applies when the breathalyzer requirement date has been met).
After being cited, I took my drinker drivers class (my last requirement) the following week. After the class I then went to the Iowa DOT and got my license reinstated. My probation officer told me that the judge will likely dismiss my case and have me pay court fees. Is this accurate?
This is pretty serious stuff. I would not rely on my probation officer. Much depends on the county you are in. Find someone that deals with OWI.
No attorney/client relationship exists until a fee agreement is signed. This is legal information not legal advice. Marlon Mormann, Atty. 515 710 0902
It could be accurate. The county attorney will give you a plea offer at your arraignment. Then you will know where you stand.
No attorney-client relationship is formed by any answers I write on avvo.com. These answers are general and for informational purposes only. I am a lawyer, but I am not your lawyer.
To best answer your question you should provide the code section in which you were cited under. It is not abnormal for an individual to be charged under an in correct code section with the facts you have stated. Code sections could include 321J.2, 321.218, 321A.32 etc. An analysis must be done on your driving record, requirements to reinstate, and whether the code section is proper. You can find your driving record and reinstatement requirements on the Iowa Department of Transportation website.
Finally, approach any plea offer with hesitation. Certain code sections may trigger a like period of suspension, some are moving violations, and depending on your driving record could trigger a bar to your license.
In Polk County? Yeah, probably. I'd expect the county attorney to be amenable to dismissing with costs in these circumstances if you've already gotten your license back, but without, you know, going over your case and discussing plea options with whatever county attorney has your case, none of us can say for sure. There'll usually be a plea offer included in the papers when they give you your Minutes of Testimony. If the plea offer isn't what you're hoping for, you can either talk to the county attorney about it yourself or hire a defense attorney to try to negotiate on your behalf.
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