OWI Second Offense Charge Dismissed and License Saved

Polk County, Iowa.  Client was charged with operating while intoxicated second offense after being stopped for allegedly driving recklessly and refusing to submit to a breath test.  A review of the videotape did not support the officer's claim that the Client was driving recklessly.  As a result, the court found the officer violated the Client's rights under the Fourth Amendment of the United States Constitution and suppressed all evidence the State intended to use at trial.  Ultimately, the State dismissed the criminal charges and the Department of Transportation was precluded from suspending the client's drivers license.

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