Hardin County, Iowa
Phone calls are in important aspect to any criminal investigation including OWI’s, and the failure inform someone about their right to a phone call or refusal to allow a phone call can result in evidence being thrown out in a criminal case. That is what happened to this client who was facing an OWI first offense charge. After reviewing the discovery materials, it was determined that the client had a request to speak to a police officer after he had been taken to the police station. The officer denied this request and never informed him who he was allowed to call (i.e. a family member or an attorney). As a result, the client’s breath test refusal was suppressed, his driver’s license was saved, and his OWI charge was amended to public intoxication and reckless driving.