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Gourley, 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 The court was asked to decide whether the blood test which was withdrawn without consent and without a warrant would run afoul of Iowa law.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
DES MOINES IOWA.
JUNE 17, 2009.

State of Iowa vs.
Andrea LaForge

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

iowa dui defense attorneys

Gourley, Rehkemper & Lindholm PLC

drunk driving & your rights

If you are pulled over for drunk driving, you do not have to perform any tests! Know your rights. Call Iowa's DUI Defense Team!
Many times at the outset of the individual's encounter with an officer, the officer will not have enough evidence to arrest, let alone obtain a conviction at trial for OWI. An officer's questions and observations from the initial contact with a suspect are designed to elicit the necessary evidence that would support the charge. As such, an individual's responses to the officer's questions have a significant impact on the outcome of the case. Once you are stopped by law enforcement, you have rights! Knowing and exercising your rights can significantly increase the odds of your case being resolved in your favor.

  1. The 5th Amendment - At no time can you be required to be a witness against yourself. Simply put, you do not have to answer questions from police officers that could incriminate you. Example: Officer asks if you have been drinking or coming from the bar. The answer could and often times is incriminating in nature. You do not have to answer it and your refusal to answer that question on this basis cannot be used against you.

  2. Field Sobriety Testing: YOU DO NOT HAVE TO PERFORM ANY OF THESE TESTS!!! Whether or not you "pass" or "fail" these tests is dependent upon the subjective determination of the officer. Chances of an officer (that already suspects you of driving drunk) saying that you passed these tests are incredibly slim. Your driving privileges cannot be suspended for refusing these tests.

  3. Preliminary Breath Test: YOU DO NOT HAVE TO TAKE THIS TEST!!! This is an unreliable instrument, the results of which are not admissible in Court. Your driving privileges cannot be suspended for refusing this test.

  4. ATTORNEY. The most important! You have both a constitutional and statutory right to consult with an attorney prior to taking the direct breath test at the station. Iowa law provides that once you arrive at the place of detention, you must be provided the opportunity to contact an attorney and/or family member if you so request. However, you must exercise this right by requesting to make a phone call to an attorney or family member. The officer does not have to tell you about this right. You also have the right to consult with an attorney or family member in private and in person so long as it does not interfere with the officer's 2 hour time period in which to offer the test.

  5. DataMaster Direct Breath Test: This is the test at the station. The results of this test are admissible in court. If you refuse this test your license will be immediately suspended by the Department of Transportation for 1 year on a first offense. If you take the test and "fail" (blow over .08 for adults) your license will be suspended for 6 months on a first offense. By taking this test, you provide the State with evidence that can and will be used against you at trial. You do not have to take this test, however, as previously stated there are adverse repercussions with regards to your driving privileges. It is highly advisable to consult with an attorney prior to making the decision whether or not to take this test.

    If you have been in an accident resulting in injury and/or death, DO NOT submit to ANY chemical testing including blood, breath or urine requests.

  6. Independent Test: If you fail the direct breath test at the station, you have the right under Iowa law to request that an independent chemical test be conducted at your own expense. The officer must then take you to a local clinic or hospital of your choosing (within reason) to have this test performed. It can be either blood or urine. Again, the officer does not have to inform you of this right. You must make the request.

While exercising your constitutional and statutory rights may upset an officer and lead him to arrest you, your case will be much better off and your chances of having it resolved in your favor will drastically increase if you do. Do not let the officer intimidate you with threats of arrest. Prisons are full of individuals that attempted to talk themselves out of being arrested! By talking and performing tests in the field, you provide the officer and ultimately the prosecutor with the evidence necessary to potentially convict you. While all is not lost if you cooperate, your best bet is to politely exercise your rights.

Free Initial Consultation

The drunk driving defense attorneys at Gourley, Rehkemper & Lindholm invite you to contact them for a free initial consultation if you have been arrested for a drunk driving offense.



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