Minors In Possession

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1st OWI Offense Amended - Ankeny, Polk County, Iowa. OWI 1st Offense dismissed and ultimately Reckless Driving charge amended to driving left of center. License spared.

OWI 1st Offense Office Not Complying With Requirments - Boone, Boone County, Iowa. OWI 1st Offense driving while drugged amended to Public Intoxication after defendant’s motion to suppress was granted as a result of arresting officer not complying with urine sample collection requirements. License spared.

OWI 1st Offense Officer Violation - Webster City, Hamilton County, Iowa. OWI 1st Offense amended to Public Intoxication after defendant’s motion to suppress was granted due to officer violating defendants right to place phone calls after the arrest. License spared.

Domestic Abuse Assault - Des Moines, Polk County, Iowa. Domestic Abuse Assault Causing Injury dismissed for insufficient evidence.

Disorderly Conduct - West Des Moines, Polk County, Iowa. Assault Causing Bodily Injury amended to simple misdemeanor Disorderly Conduct.

1st Degree Theft Charge - Polk County, Iowa: Theft in the First Degree charge dismissed.

1st Offense Amended to Tmproper Headlamp - Jefferson, Greene County, Iowa. Operating While Intoxicated (DUI) 1st offense amended to improper headlamp. License saved and OWI charge avoided.

OWI - 1st Offense Amended - Urbandale, Polk County, Iowa. Operating While Intoxicated 1st Offense charge amended to Reckless Driving.

Driving Privileges Spared - Oskaloosa, Mahaska County, Iowa. OWI/DUI first offense dismissed after court grants defendant’s motion to suppress evidence. Driving privileges spared.

Possession and Drug Paraphernalia - Des Moines, Polk County, Iowa. Possession of marijuana and drug paraphernalia dismissed with costs assessed to the State after it was shown that police illegally entered the defendant’s motel room without a warrant.

Third - OWI - Pocahontas, Pocahontas County, Iowa. Defendant found Not Guilty of Operating While Intoxicated, Third Offense (Class D Felony) and Two Counts of Child Endangerment (Aggravated Misdemeanors). Judge grants defenses Motion for Judgment of Acquittal following the State resting its case.

Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

minors in possession A/K/A P.A.U.L.A. (Possession of Alcohol Under Legal Age)

Iowa Code section 123.47 prohibits minors from purchasing or attempting to purchase, or possessing or having control of alcoholic beverages. The State must prove beyond a reasonable doubt that the under age person had either actual possession or constructive possession of alcohol.

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To prove possession the State must show:

1. Person exercised dominion or control over alcohol
2. Person had knowledge of presence of alcohol
3. Person knew the material was alcohol

Exceptions

There are however, exceptions to the rule. It is NOT illegal for a minor to possess and consume alcohol when it is dispensed to the individual:

1. Within a private home and with the knowledge, presence and consent of the parents or guardian; or
2. As administered to the person by either a physician or dentist for medicinal purpose; or
3. The individual is handling the beverage during the regular course of the person's employment by a liquor control licensee or wine or beer permittee.

CRIMINAL PENALTIES

First Offense: Simple Misdemeanor. Mandatory minimum fine of $200.

Second Offense: Simple Misdemeanor. Mandatory minimum fine of $500. Person must also choose to either complete a substance abuse evaluation OR have their driver's license suspended for one year.

Third or Subsequent Offense: Simple Misdemeanor. Mandatory minimum fine of $500 and one year drivers license suspension.

Know Your Rights * Exercise Your Rights * Preserve Your Freedom

If you have been arrested for a minors in possession, the criminal defense attorneys at Gourley, Rehkemper & Lindholm will be their aggressiveness and determination to work for you. Call us today at 1-877-GRL-Laws or 515.226.0500 for a free initial consultation.

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

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Gourley, Rehkemper & Lindholm PLC - Attorneys At Law