Bad Stop requires dismissal of OWI

posted by on Sunday, July 10, 2016

Polk County, Iowa.  Client was charged with OWI 1st offense after being stopped for having a headlight out and subsequently failing a breath test.  After reviewing the video from the patrol car, which showed the headlight to be working, a motion to suppress all evidence was filed challenging the legality of the traffic stop.  The court ultimately agreed that there was no legal basis to stop the client and suppressed all evidence in the case.  As a result the criminal charge was dismissed and the DOT was prevented from suspending the client's drivers license.
  1. fourth amendment
  2. owi
  3. results - drunk driving