Story County Attorneys Office Ignores Exculpatory Evidence - Judge Throws Out Case After Prosecution Rests

posted by Robert Rehkemper on Wednesday, February 28, 2018

Ames, Story County, Iowa.  Judge throws operating while intoxicated case out before the jury even gets to decide it. 

In a rare move, a Story County judge granted GRL Law's Motion for Judgment of Acquittal.  The prosecution completed presentation of their case and the judge concluded, even taking the evidence in the light most favorable to the prosecution, the State had not presented enough evidence of intoxication to allow the jury to deliberate on the case.  GRL Law's client was acquitted of the charge.  While law enforcement claimed that GRL Law's client was visibly intoxicated and failed field sobriety exercises, the video recordings of the incident proved otherwise.  GRL Law's client also used the Iowa Driver's Rights Card during the investigation in an attempt to protect his legal rights.  Law enforcement failed to honor and respect the invocation of client's legal rights.

Unfortunately for the jury panel, jury members, court personnel and the defendant who had to spend the entire day devoted to this case, the Story County Attorney's Office persisted in prosecuting GRL Law's client despite having objective evidence that he was innocent of the charge.  GRL Law's investigation revealed that our client was allowed to bond out of jail immediately after he was booked.  In Story County, individuals arrested for alcohol related offenses are not allowed to bond out unless they are sober.  All arrestees are tested first.  GRL Law's client was tested numerous times upon arrival at the Story County Jail and was determined to be sober before he was allowed to bond out.  This information was provided to Story County Attorney's Office who apparently did not care about this exculpatory evidence.  Even with knowledge of the fact that GRL Law's client was sober, Story County Attorney's Office insisted on prosecuting the case citing a "policy" of not offering to resolve operating while intoxicated cases where an individual declines to submit to testing.  Ultimately, justice was served but it came with an unfortunate price to an already overburdened legal system.
  1. drunk driving
  2. drunk driving defense
  3. dui defense
  4. iowa driver's rights card
  5. judgment of acquittal
  6. nfg
  7. not guilty
  8. results - drunk driving

About The Author

Mr. Rehkemper was selected to the Super Lawyers list for the fifth straight year in 2017, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more