Cedar Rapids, Linn County, Iowa. Cedar Rapids police officers arrested a commercial truck driver for sleeping in his vehicle in a parking lot. They charged him with operating while intoxicated since being in control of a motor vehicle that has its engine running technically qualifies as “operation” under Iowa law. Understandably upset with his situation, GRL’s client demanded to speak with an attorney. The arresting officer failed to provide the client with an opportunity to contact an attorney and further went on to misinform him that the Iowa OWI would not effect his Wisconsin commercial driving privileges. Based upon the officer’s failure to provide GRL’s client with an opportunity to contact an attorney, the Iowa Department of Transportation refused to suspend his driving privileges and the criminal charge was amended to public intoxication. Commercial and private driving privileges were preserved and OWI charge was avoided.
