Uncovering Officer Error Leads to WIN with DOT
Ruling on Admissibility of Breath Test Works to Cut DOT Revocation Period by 12 Months
Ruling on Admissibility of Breath Test Works to Cut DOT Revocation Period by 12 Months
OWI charge amended to reckless driving and public intoxication, carrying weapons dismissed
After having requested the documents detailing the breath test result, it was determined that the office did not run the correct breath test because it was a non-evidentiary test.
When an individual is asked to submit to chemical testing in an operating while intoxicated investigation, their refusal or test results will dictate whether a license suspension proceeding is instituted by the department of transportation.
A request by an officer to terminate efforts to secure an attorney after being only afforded eighteen minutes violated Iowa Code Section 804.20.
Question of whether a DOT officer can stop a non-commercial motor vehicle for speeding results in reduced charges
After questioning the investigating officer, it was determined that the client’s rights under Iowa Code Section 804.20 were violated because he asked to place telephone calls prior to his blood draw and he was not allowed to place those calls.
Client was charged with OWI first offense and after a review of the evidence, it was determined that neither the officer nor the client signed the implied consent form prior to her submission to the breath test.
Following a violation of the client’s right to place telephone calls, the State reduced the charge to reckless driving and the client’s license was saved.
As a result of successfully challenging the admissibility of the breath test refusal, the Department of Transporation was prevented from suspending his license.