|
|||||||||||||||||||||
|
 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 The court was asked to decide whether the blood test which was withdrawn without consent and without a warrant would run afoul of Iowa law.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
|
     headlinesGourley, Rehkemper & Lindholm PLC - Attorneys At Lawiowa legal news headlines60 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. The defendant did not possess alcohol or drugs on his person, and there was no cause for a search of the vehicle. Although the police officer testified that the defendant appeared "not to be as innocent as the motoring public," the courts did not see that "appearance" on the video. Officers even conducted a dog sniff search (which is permissible and would have formed probable cause to search the vehicle if the dog had alerted to any drugs, but it did not). Defendant was permitted to leave the stop, but police officers then determined that they may have missed something, so they radioed ahead to officers who subsequently stopped the vehicle and conducted a warrantless search. Although 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 court of appeals throws out blood test resultsIowa Court of Appeals throws out blood test result. In the decision entered in State of Iowa vs. Andrea La Forge, the Iowa Court of Appeals determined that the blood test result of .057 could not be used against Ms. La Forge at trial because law enforcement withdrew the blood without her consent and without her first being placed under arrest. The Court of Appeals, however, also concluded that the Vehicular Homicide charge against Ms. La forge [Read story at: failure to preserve evidence after forced blood draw] :: Attorney Robert Rehkemper :: State of Iowa v. La forge :: Forced Blood Draw Determined to be Illegal by Iowa Supreme CourtOn March 6, 2009, the 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. [Read story at: Forced Blood Draw Illegal] :: Attorney Matthew Lindholm :: Forced Blood Draw Illegal :: They Say "The Red Lights Are Here To Stay"
The Iowa Supreme Court ruled on a similar case last month in Davenport that the cameras could stay. Criminal defense attorney Matthew T. Lindholm argues that the civil penalties are really traffic violations (crimes). Therefore, a person has a right to confront his or her accusers, but how would a person confront a camera? :: Traffic Violations - Before You Pay :: iowa sex offender & registration laws change july 1, 2009Effective 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. Drunk Driving 3rd offense amended to public intoxication
|
Standardized Field Sobriety Tests
|
