Author: Scott Michels

Clients claim of eating soap leads to OWI charge being amended

Floyd County – Client was stopped for speeding, submitted to field sobriety testing, and was transported to the Mitchell County jail for a chemical breath test.  While at the jail, Client requested to use the restroom.  The officer waited outside the restroom in an area where he could not see Client.  After using the restroom, Client came out and submitted to the breath test.  After the breath test results were printed he was transported to the Floyd County Jail.  Upon arrival at the jail, Client advised the officer that while he was in the restroom, prior to the breath test, […]

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OWI Second Offense Dismissed

Appanoose County – Client was stopped by law enforcement for having an auxiliary light bar installed in the front grill of his vehicle.  Client was ultimately charged with OWI 2nd Offense.  The officer alleged the light bar was illegal because it had multiple led bulbs.  Iowa Code section 321.403 states “Any motor vehicle may be equipped with not to exceed three auxiliary driving lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet […]

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Scott came highly recommended

Scott came highly recommended to me by my brothers friend. Scott’s professionalism, legal knowledge, experience, excellent legal mind and abilities won our case. He was completely honest with me and set my expectations from the beginning when we met, which was extremely helpful for me. Scott was very responsive and always available for a conversation. It was obvious Scott spent a lot of time with my case to understand how he was going to determine a position that would allow the result to be positive.  Emily Croll was amazing to work with; very responsive, helpful and I felt like my […]

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OWI and Child Endangerment Charges Dismissed

A Dubuque County woman was charged with OWI and two counts of child endangerment after her estranged husband called the cops on her after they got into a verbal argument while swapping visitation of their children.  When officers arrived the husband advised that he wanted them to check his wife to see if she had been drinking, despite him not smelling alcohol or observing any signs that she had been drinking.  Three law enforcement agencies arrived at her residence and spoke with her.  Despite none of them smelling an odor of alcohol or making any observations that led them to […]

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Drive-by shooting leads to child pornography charges and results in dismissal

An 18-year-old Polk County man was suspected in a drive-by shooting.  He was followed and stopped by a detective driving his personal vehicle for committing traffic violations trying to evade the unknown vehicle following him.  Once stopped, the detective placed client under arrest for tinted windows and running a stop sign.  While client was handcuffed in the back of a squad car, the detective searched the vehicle and removed client’s phone.  The detective refused to provide client his cell phone so he could call someone to pick up the vehicle.  Upon arrival at the station, client was placed in a […]

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Officer’s failure to timely make a written request for breath test saves license

A Polk County client was detained by West Des Moines Police for suspicion of OWI.  Upon arriving at the station the officer verbally asked for her to submit to a breath test.  20 minutes after she provided the breath sample, the officer made his request for the breath test in written form.  Iowa law requires an officer to make his request for a chemical test in writing prior to the person consenting or refusing.  Due to the officer’s error the State agreed to suppress the breath test results and amend the OWI to reckless driving and public intoxication.  The client […]

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Officer’s refusal to allow phone call to attorney results in reduced charges

A Wapello County man was arrested for OWI and taken to the station for chemical testing.  Upon arrival at the station, Client requested to make phone calls.  The officer allowed him to place phone calls and walked out of the room.  Upon the officer’s return, Client informed him that his friend would be sending him the phone number for an attorney.  The officer informed him that he would not allow any additional time to get the number and to call the attorney.  The Administrative Law Judge agreed that the DOT’s revocation of his driver’s license could not stand due to […]

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OWI dismissed for illegal stop

An Appanoose County man was stopped by law enforcement for allegedly crossing the fog line and driving on the shoulder multiple times and charged with OWI.  A review of the officer’s dash cam showed that the clients vehicle only touched the fog line once.  After discussions with the county attorney, the State agreed to suppress all evidence obtained from the stop and dismiss the charges.  Client’s license was spared.

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Text Messages Reveal Sex Abuse Allegations To Be False

A 15-year-old Story County juvenile was accused of sexual assault by his ex-girlfriend.  The County Attorney’s Office originally issued arrest warrants to charge him as an adult with Sex Abuse in the 3rd Degree and Assault With Intent to Commit Sexual Abuse.  GRL Attorney, Scott Michels, advised the county attorney that the case had to be filed in juvenile court due to the child’s age.  The County Attorney’s Office dismissed the adult court cases and filed a delinquency petition in juvenile court charging him with the same offenses. During the investigation, law enforcement pulled information from both of their phones.  […]

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