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 Accidents - Injury Drunk Driving Criminal Defense Divorce-Family Law Business LawGourley, Rehkemper & Lindholm PLC
pROTECTING tHE RIGHTS OF IOWANS
CRIMINAL & DRUNK DRIVING DEFENSE ATTORNEYS DES MOINES, IA. 6 MARCH 2009 Iowa Supreme Court upheld the suppression of a chemical blood test result obtained from our client in an operating while intoxicated charge. The court was asked to decide whether the blood test which was withdrawn without consent and without a warrant would run afoul of Iowa law. DES MOINES, IA.
14 APRIL 2009 GRL Law's client failed chemical breath test, criminal charges filed, and The State of Iowa dismissed all the criminal charges due to the police officer’s misrepresentations. WIN
DES MOINES IOWA.
13 MAY 2009 CDL Saved - OWI 2nd Amended Drunk Driving Second Offense charge amended to Public Intoxication and CDL (commercial driver's license) and non-commercial driving privileges saved for Gourley, Rehkemper & Lindholm client. [Read at OWI 2nd Amended CDL Saved] DES MOINES, IA.
15 MAY 2008 Law enforcement agencies refuse to respond to public requests for copies of criminal records, even when the request comes from the person charged with the crime. However, under the Iowa Freedom of Information Act, the law requires agencies to comply with such requests, and provides that courts can assess damages for their failure to do so. Attorney Robert Rehkemper addresses Iowa's laws and your rights to information at: Iowa Criminal Records DES MOINES IOWA.
19 MAY 2009 Evidence suppressed and DRUNK DRIVING charge amended to public intoxication. GRL client's driver's license was never suspended. [Read at DUI Evidence Suppressed - Driver's License Saved] DES MOINES IOWA.
JUNE 1, 2009. An OWI 3rd offense was reduced to public intoxication and reckless driving. The Gourley, Rehkemper & Lindholm client never lost his drivers license because the hearing with the Department of Transportation was also won. WIN
Iowa Court of Appeals throws out blood test result but refuses to dismiss Vehicular Homicide charge. WIN
DES MOINES IOWA.
60 pounds of marijuana suppressed! The defendant was stopped because police felt that his windows were tinted too much, and the vehicle failed to present a front license plate. Police officers stopped the vehicle and conducted a warrantless search. The police found 63 pounds of marijuana, the evidence was obtained in violation of the Fourth Amendment to the Constitution of the United States. Evidence suppressed! iowa sex offender & registration laws change july 1, 2009
Effective July 1, 2009, recent amendments designed to provide necessary exceptions and leniency for those convicted of sex crimes warranting treatment, and better protection for the public from potential re-offenders go into effect. See Iowa Sex Offender Registration Laws Change. DES MOINES IOWA.
2 SEPTEMBER 2009 Operating while intoxicated second offense dismissed based upon the State not being able to proceed due to lack of evidence. WIN
DES MOINES IOWA.
10 SEPTEMBER 2009 Operating while intoxicated case dismissed and driver’s license spared due to officer incorrectly invoking implied consent based upon the fact that the client was on prescription medication. WIN
DES MOINES IOWA.
16 SEPTEMBER 2009 Hamilton County operating while intoxicated charge dismissed after judge grants defendant’s motion to suppress evidence. Driving privileges reinstated. WIN
DES MOINES IOWA.
17 SEPTEMBER 2009 Iowa Court of Appeals reverses GRL Law clients conviction for operating while intoxicated, second offense, finding that the arresting officer violated Iowa Code § 804.20 when he cut her phone call short after only 15 minutes of speaking with her father. WIN
DES MOINES IOWA.
25 SEPTEMBER 2009 Dallas County possession of marijuana charge dismissed for lack of sufficient evidence after the filing of defendant’s motion to suppress evidence. WIN
DES MOINES IOWA.
29 SEPTEMBER 2009 Iowa County possession with the intent to distribute marijuana, conspiracy to distribute marijuana and tax stamp violation charges put in jeopardy following the Court’s suppression of 63 pounds of marijuana. WIN
DES MOINES IOWA.
5 OCTOBER 2009 Driving privileges spared. Petition for Judicial Review was granted challenging the Iowa Department of Transportation’s attempt to suspend a GRL Law client’s driving privileges for operating while intoxicated when the arresting officer failed to advise him of the consequences to his commercial driver’s license if he took the test and failed as opposed to refused the test. The Court on Judicial Review of the Iowa Department of Transportation’s action found that they could not disqualify the client’s driving privileges because failure to provide the required advisory violated Iowa Code § 321J.8 and Due Process under the Iowa and United States Constitutions. WIN
DES MOINES IOWA.
5 OCTOBER 2009 Operating while intoxicated case dismissed and driver’s license spared after winning motion to suppress due to the officer not having a valid reason for stopping client when he failed to use his turn signal when changing lanes or getting onto an on-ramp. WIN
DES MOINES IOWA.
6 OCTOBER 2009 Warren County Operating While Intoxicated charge amended from 2nd Offense down to Simple Misdemeanors, Public Intoxication and Reckless Driving. Test refusal was suppressed and driving privileges spared. WIN
DES MOINES IOWA.
7 OCTOBER 2009 Driving privileges spared when administrative law judge concludes that arresting officer violated licensee’s right to phone calls when he failed to provide him an opportunity to place calls upon his arrival at the police station after the licensee asked to place a phone call immediately upon being advised he was going to be arrested. WIN
DES MOINES IOWA.
9 OCTOBER 2009 Operating While Intoxicated 1st offense amended to public intoxication and reckless driving following the arresting officer improperly advising the client about the applicable periods of license suspension. Clients non-commercial and commercial driving privileges were spared. WIN
DES MOINES IOWA.
12 OCTOBER 2009 Operating While Intoxicated 1st offense amended to public intoxication and reckless driving following a successful motion to suppress based upon the fact that the officer who invoked implied consent was not certified. Client’s driver’s license was spared. WIN
DES MOINES IOWA.
16 OCTOBER 2009 Polk County OWI charge amended to Reckless Driving after motion to suppress is granted on the grounds that the arresting officer did not have reasonable grounds to believe the defendant was operating while intoxicated prior to requesting the preliminary breath test. WIN
DES MOINES IOWA.
16 OCTOBER 2009 Polk County carrying weapons charge dismissed by prosecution for lack of evidence. WIN
DES MOINES IOWA.
26 OCTOBER 2009 Jasper County Operating While Intoxicated charge dismissed with costs assessed to the State after defendant’s motion to suppress was filed alleging violation of defendant’s right to phone calls and that the officer did not have reasonable grounds to invoke implied consent or probable cause to arrest defendant. WIN
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     iowa DRUNK DRIVING LAWSGourley, Rehkemper & Lindholm PLC - Attorneys At LawImplied Consent Lawknow Your Rights Under Iowa Law"This will be the best security for maintaining our liberties. A nation of well-informed men, who have been taught to know and prize the rights which God has given them, cannot be enslaved." - Benjamin Franklin
Pursuant to Iowa's Implied Consent Law and the Iowa Constitution, I refuse breath, blood or urine testing until I am given a reasonable opportunity to contact my attorney. Only after a reasonable opportunity to contact and consult with my attorney can I make a knowing, voluntary, and intelligent decision regarding chemical testing. I wish to know additional information regarding the impact of my decision on my driving privileges including any commercial driving privileges and/or the issuance of a temporary restricted license. In the event that I am not provided a sufficient opportunity to contact and consult with my attorney, I cannot make a knowing, voluntary and intelligent decision regarding chemical testing. Any decision that I do make regarding chemical testing is made uninformed and under protest and coercion and in direct response to the threat of greater punishment for exercising my constitutional rights and promise of lesser punishment in exchange for submission to your assertion of authority. If I submit to your request for chemical testing I hereby demand that a sufficient sample of my blood, breath or urine be collected and properly sealed, and immediately refrigerated in a locked and secure refrigerator to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of test that can preserve a sample. After the administration of your test, I request that I be immediately transported to the nearest available private medical facility which will conduct independent testing at my own expense. I also request that I be taken to the nearest law enforcement agency (not affiliated with your agency) that possesses an approved breath machine (DataMaster cdm) so that I may be given an independent breath test by an officer other than you or someone employed by your police department. I will pay for this test if there is a charge for conducting it. Any and all tests selected by me are being done as work product for my attorney, and they are confidential, as guaranteed by the attorney-client privilege and pursuant to my constitutional right to gather evidence in my defense. I do not consent to any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except me or my attorney, please be advised that I want the independent breath test regardless of whether I receive an independent blood or urine test. These requests and demands are to be considered continuing in nature. IOWA DRIVER'S RIGHTS CARDPROVIDED FREE TO THE PUBLIC BY:Gourley, Rehkemper & Lindholm P.L.C. NOTICE TO OFFICEROfficer - this document constitutes an official notification of the exercise of my legal rights that should be retained for your records. By handing you this card I hereby invoke my constitutional and statutory rights under the 4th, 5th, 6th and 14th Amendments to the United States Constitution and Articles 1 Sections 7, 8, 9 and 10 of the Iowa Constitution and Iowa Code section 804.20 and 232.11. I will not consent to a search of my person, property or affects; I do not wish to answer any questions or make any statements; and I will not agree to do anything further until I have had an opportunity to contact and consult in person with my attorney. From this moment forward I demand that I be videotaped by use of police video equipment, both at the roadside and at the police station, and that all such tapes be preserved for my later use at court so that the jury will be able to objectively determine my state of sobriety. Should video equipment not be available at the roadside, I request that an audio tape be used to record any verbal statements made during this event. As required by Iowa law, I am providing you with my driver's license, registration and proof of insurance. I have not committed a crime or traffic violation and am requesting that all of my documentation be returned to me and that I be permitted to carry on about my business immediately. Unless you return these items to me and advise me that I am free to leave I must assume that this is more than a brief traffic stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, however, I do so under coercion and protest. Iowa law does not require me to submit to any field sobriety testing. I know that these so-called "tests" are subjectively graded and are designed for me to fail. I therefore chose not to participate in these so-called "tests". If you ignore my constitutional and statutory rights set forth on this card and verbally coerce me into taking these exercises I am not performing any of these exercises willfully and voluntarily but am doing so only to avoid confrontation with you. I am further requesting to have my attorney present during any questioning, testing or proceedings. I also request to place telephone calls to my attorney and family members upon my arrival at the place of confinement. I specifically request to consult in person with my attorney and a family member before I decide to submit to or refuse chemical testing. NOTICE AND DISCLAIMER The attached "Iowa Driver's Rights" card is intended to help educate citizens of the State of Iowa as to their rights under the law and to assist presumptively innocent individuals in properly asserting those rights. It is NOT intended to aid drunk drivers in evading punishment. The card should be given immediately to the law enforcement officer ONLY IF any questions about alcohol or drug use are asked and: (a) You are pulled over for any reason; or (b) You are stopped and detained at a roadblock; or (c) You are being questioned by law enforcement regarding recent operation of a motor vehicle; or (d) After being involved in any type of accident This card is meant to assist the officer in correctly determining how you wish to be treated under the law. No further communication with the officer is necessary. DO NOT READ THE CARD TO THE OFFICER! ALL POLICE OFFICERS MUST BE ABLE TO READ IN ORDER TO SUCCESSFULLY COMPLETE THEIR POLICE ACADEMY TRAINING. YOU MUST FIRST FAMILIARIZE YOURSELF WITH THE "NOTICE TO OFFICER" ON THE REMAINDER OF THIS CARD AND KNOW YOUR RIGHTS BEFORE ANY CUSTODIAL SITUATION ARISES.
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