Gourley, Rehkemper & Lindholm PLC - Attorneys At Law
iowa legal news headlines
Assault Not Guilty
Febuary 8, 2013, Urbandale, Polk County Iowa. Client found NOT guilty by jury of Assault with a Dangerous Weapon and Leaving the Scene of a Personal Injury accident.
first degree theft charge
November 27, 2012, Des Moines, Polk County, Iowa. My Client was charged with Theft in the 1st Degree, the charge was dismissed outright.
The Verdict is Affirmed
This negligence action grew out of a highway collision in Iowa. Kala Holtkamp was driving at night with her fiancé, Christopher Davis, and her two year old son, K.H., when she collided with the rear of a semi truck. Davis was killed, K.H. was seriously injured, and Holtkamp fractured a vertebra in her neck.
>> Read The District Courts Judgement
Settlement of roughly $140,000 for client with a head injury from a work related injury where she was hit in the head with an operating room light.
First Degree Theft Charge
September 29th 2011, Johnston, Polk County, Iowa, Theft in the First Degree charge dismissed.
Involuntary Manslaughter Conviction reversed.
Andrea LaForge’s conviction for Involuntary Manslaughter as a result of an accident taking place on February 27, 2007 was reversed. The Court of Appeals concluded that the evidence was insufficient to establish she committed the public offense of Careless Driving which was the alternative charged for the Involuntary Manslaughter allegation. The jury acquitted Ms. LaForge of Vehicular Homicide by way of operating while intoxicated in Count I and also acquitted her of Vehicular Homicide by way of Reckless Driving on Count II. This left Careless Driving as the only remaining public offense to support the Involuntary Manslaughter charge. The Court of Appeals concluded that there was no evidence that she intentionally maneuvered her vehicle in any manner prohibited by the Careless Driving statute and thus, the conviction could not stand.
Work Permit for 2nd Offense OWI’s
Effective July 1, 2010, individuals who have had their driver’s license suspended for operating while intoxicated, second offenses, will be eligible for temporary restricted licenses.
The overall license suspensions will remain the same: 1 year for test “failure” and 2 years for test “refusal” but a work permit will now be a possibility. For a test “failure” the individual will be eligible for a work permit after a 45 day hard suspension. For a test “refusal” the individual will be eligible for a work permit after a 90 day hard suspension.
Application for the work permit must be made to the Iowa Department of Transportation after the hard suspension time is up. The individual is still required to file proof of SR-22 insurance, install an ignition interlock device, and pay a civil penalty of $200. The verification form must also be completed by an employer. Unlike other restricted licenses, the work permit for second offenses is only for traveling to and from work. There is no provision for secondary education, medical appointments or probation appointments. It is simply to get to and from work.
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. 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 results
Iowa 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 ::
:: Iowa OWI :: Iowa Drunk Driving Laws ::
:: Standardized Field Sobriety Tests :: DUI Blood Draw ::
Forced Blood Draw Determined to be Illegal by Iowa Supreme Court
On 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 ::
:: Iowa OWI :: Iowa Drunk Driving Laws ::
:: Standardized Field Sobriety Tests :: DUI Blood Draw ::
They Say "The Red Lights Are Here To Stay"
Cameras located at intersections in Clive, Iowa snap photos of cars (and their license plates) as the cars roll through or completely avoid stopping at the red lights (running a red light). It's $75.00 fine payable to the city of Clive.
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, 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.
Drunk Driving 3rd offense amended to public intoxication
driver's license saved
DES MOINES IOWA. 1 JUNE 2009. OWI 3rd Offense reduced to Public Intoxication. Driver's license never lost. [Read at Drunk Driving 3rd Offense Amended to Public Intoxication]
drunk driving charge amended - driver's license never suspended
DES MOINES IOWA. 26 MAY 2009. Drunk Driving charge amended. Client’s driver's license was never suspended. [Read at Drunk Driving Amended - Driver's License Never Suspended]
drunk driving amended - driver's license never suspended
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]
cdl saved - owi 2nd amended
DES MOINES IOWA. 13 MAY 2009. 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]
failed test results in dismissed charges
DES MOINES, IA. 14 APRIL 2009.GRL Law's client failed chemical breath test, criminal charges filed, and all charges dismissed. [Read at Failed & Dismissed DUI Charges]
Iowa Criminal Records Protected By Law
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.
:: Criminal Records ::
EVIDENCE SUPPRESSED IN VEHICULAR HOMICIDE CASE
Upon hearing defendant's motion presented by her lawyer, Attorney Robert (Bob) Rehkemper, the Court ruled that the State's destruction of defendant's blood sample following her request to preserve it violated the 6th and 14th Amendments to the United States Constitution because the defendant would not be able to effectively defend herself at trial due to the State's destruction of the evidence. The defendant had been arrested in August 2007.
The Iowa Court of Appeals ruled that the forced blood draw was illegal, and remanded the case to the Polk County District Court for trial.
:: Vehicular Homicide :: Attorney Robert Rehkemper ::
Felony Drug & Child Endangerment Convictions Reversed
DES MOINES, IA. 2 MAY 2008. Iowa Supreme Court reversed felony drug and child endangerment convictions due to an illegal search as the result of an improperly executed search warrant.
:: Illegal Search Warrant ::
Drunk Driving Rights Card Concerns Law Enforcement
A Des Moines police officer said, "My concern is that maybe the message gets out that there is a new and great way to beat an OWI, which, obviously, the state patrol thinks is a very, very dangerous message." [More at Drunk Driving Rights Card Concerns Law Enforcement]
The dangerous weapon to beat an OWI? It's Gourley, Rehkemper & Lindholm.
:: Rights Card Concerns Police ::
Has Your Attorney Been Disciplined?
A newly launched website allows people to check to see if their attorney has been disciplined in the state of Iowa.
:: Iowa Attorneys & Disciplinary Actions ::
GRL Welcomes Baby Michels
Gourley, Rehkemper & Lindholm, PLC, welcomes the newest member of the family.
GRL Law Associate, Scott Michels and his wife Annie welcome the arrival of Braylon Alan Michels born on Monday, March 9th. Braylon weighed in at 5 lbs 8 oz and measures 18 inches. Mom and baby are both home and are doing wonderfully.
:: Attorney Scott Michels ::
From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville