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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 The court was asked to decide whether the blood test which was withdrawn without consent and without a warrant would run afoul of Iowa law.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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     penalties:
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| Substance | Class | Maximum | Minimum |
| Marijuana: | Serious Misdemeanor. | Up to 6 months in jail and a fine of up to $1,000. | Minimum fine of $315.00. |
| Other: | Serious Misdemeanor. | Up to 1 year in jail and a fine of up to $1,850.00. | Minimum fine of $315.00. |
Deferred Judgment is available if no prior felony conviction or prior conviction for possession of controlled substance.
Federal law provides for 1 year disqualification from federal financial aid eligibility.
180 days suspension of driving privileges. A temporary restricted license may be issued by order of the court.
Second Offense:
| Substance | Class | Maximum | Minimum |
| Marijuana: | Serious Misdemeanor. | Up to 1 year in jail and a fine of up to $1,850.00. | Minimum fine of $315.00. |
| Other: | Aggravated Misdemeanor. | Up to 2 years in prison and a fine of up to $6,250. | Minimum fine of $625. |
Deferred Judgment is not available
2 year disqualification from federal financial aid eligibility.
180 day suspension of driving privileges. A temporary restricted license may be issued by order of the court.
Third Offense
| Substance | Class | Maximum | Minimum |
| Marijuana: | Aggravated Misdemeanor. | Up to 2 years in prison and a fine of up to $6,250. | Minimum fine of $625. |
| Other: | Class D Felony. | Imprisonment for up to 5 years and a fine of up to $7,500. | Minimum fine of $750. |
Deferred Judgment is not available
Indefinite disqualification from federal financial aid eligibility.
180 day suspension of driving privileges. A temporary restricted license may be issued by order of the court.
CONSPIRACY
CONSPIRACY TO DELIVER OR MANUFACTURE A CONTROLLED SUBSTANCE AND POSSESSION OF A CONTROLLED SUBSTANCE WITH THE INTENT TO DELIVER
“Delivery” or “deliver” means the actual, constructive, or attempted transfer of a substance from one person to another. This includes sharing.
The sentencing schemes for these offenses depend primarily on the controlled substance and weight of the substances involved.
“Super” Class B Felony:
| Substance | Weight |
| Cocaine: | 500 grams + |
| Methamphetamine: | 5 Kilograms + |
| Crack: | 10 – 50 grams + |
| Marijuana: | 1000 Kilograms + |
Penalties: Imprisonment for not more than 50 years and a fine of not more than $1,000,000.00.
Methamphetamine exception. Probation is not an option for methamphetamine offense, prison sentence is mandatory.
Must serve a minimum of 1/3 of the 50 year sentence before being eligible for parole if sentenced to prison.
“Normal” Class B Felony:
| Substance | Weight |
| Cocaine: | 100-500 grams |
| Methamphetamine: | 5grams – 5 kilograms |
| Crack: | 10 – 50 grams |
| Marijuana: | 100 – 1000 Kilograms |
Penalties: Imprisonment for not more than 25 years and a fine of not more than $100,000.00. Minimum fine of $5,000.
Methamphetamine exception. Probation is not an option for methamphetamine offense, prison sentence is mandatory.
Must serve a minimum of 1/3 of the 25 year sentence before being eligible for parole if sentenced to prison.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%. It is up to the county attorney to make the recommendation. Defendant does not have a right to this reduction.
Class C Felony:
| Substance | Weight |
| Cocaine: | 100 grams or less |
| Methamphetamine: | 5 grams or less |
| Crack: | 10 grams or less |
| Marijuana: | 50 - 100 kilograms |
Penalties: Imprisonment for not more than 10 years and a fine of not more than $50,000.00. Minimum fine of $1,000.
Probation is an option for all first time offenses.
Methamphetamine exception. If conviction is a second or subsequent conviction, probation is not an option, prison is mandatory.
Must serve a minimum of 1/3 of the 10 year sentence before being eligible for parole if sentenced to prison unless the court waives the mandatory minimum on a first conviction and for mitigating circumstances.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%. It is up to the county attorney to make the recommendation. Defendant does not have a right to this reduction.
Class D Felony:
| Substance | Weight |
| Marijuana: | 50 kilograms or less |
Penalties: Imprisonment for not more than 5 years and a fine of not more than $7,500.00.
No mandatory sentences.
SENTENCING ENHANCEMENTS
Conspiracy to Manufacture Methamphetamine with Intent to Deliver to Minor and/or Delivery of Methamphetamine to a Minor: Imprisonment not to exceed 99 years and must serve a minimum of 10 years before being eligible for parole. Probation is not an option, prison is mandatory.
Second conviction is a Class A felony carrying mandatory life in prison without the possibility of parole.
Second or Subsequent Offender: Triple Enhancement. The Court exercising its discretion may sentence the defendant to a term in prison up to three times the original sentence. Probation is not an option and the defendant must still serve the mandatory 1/3 of the sentence imposed before being eligible for parole.
While in Immediate Possession of a Firearm: Mandatory doubling of sentence. Probation is not an option, prison is mandatory. Must serve mandatory 1/3 of sentence before being eligible for parole.
While in Possession of an Offensive Weapon: Mandatory tripling of sentence. Probation is not an option, prison is mandatory. Must serve mandatory 1/3 of sentence before being eligible for parole.
Manufacturing Methamphetamine In Presence of Minors: Mandatory additional 5 years to end of sentence.
1,000 Foot Rule: Potential additional 5 years to sentence.
Individual 18 years or older who manufactures or possesses with the intent to distribute controlled substances within 1,000 feet of:
A public or private elementary or secondary school;
Public park, public swimming pool;
Public recreation center; or
On a marked school bus may be sentenced to an additional 5 years.
ADDITIONAL CONSIDERATIONS
Deferred Judgment is only available for First Offense Class C’s and below.
2 year disqualification from federal financial aid on first offense and indefinite disqualification for second offense.
180 day license suspension for all offenses. Temporary restricted license is available by order of the court.
DISCLAIMER
This is a summary of the most common drug related offenses to be used for informational purposes only and should not be construed as legal advice. Additionally, it should not be considered an all inclusive list of offenses and potential punishments. Seek competent legal counsel for advice on any legal matter.
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