Tag: drunk driving defense criminal defense

Don’t Answer this Question During an OWI Traffic Stop

The drunk driving lawyers at GRL Law routinely advise people what to do during a traffic stop. For example, you should provide your license, registration and proof of insurance upon request. And, if the officer asks you to step out of your car, then follow those directions. But when it comes to field sobriety tests, you can politely decline. A preliminary breath test? Sure, if they agree to show you the result. However, there is one question that you should never answer at the roadside. “So, on a scale of zero to ten, with zero being the most sober and […]

State Dismisses “Dreamer’s” OWI Charge

GRL Law successfully persuaded the State to dismiss an OWI charge against our client, a “Dreamer” who participates in the Deferred Action for Childhood Arrival (DACA) program. DACA provides a work permit and legal immigration status to young, undocumented individuals brought as young children to the United States. A conviction for DUI/OWI in Iowa counts as a “significant misdemeanor” under federal immigration law, which disqualifies a Dreamer from renewing their DACA status and makes them immediately subject to deportation. The drinking driver attorneys at GRL Law reviewed every bit of pretrial discovery in a bid to shelter the driver from […]

Reckless Driving Causing Death is not a Lesser Offense of OWI Vehicular Homicide

A unanimous Iowa Supreme Court ruled on October 23, 2020 that homicide by reckless driving is not a lesser included offense of homicide by OWI. In State v. Johnson, the defendant argued he was entitled to a jury instruction that his reckless driving, not operating while intoxicated, was the cause of a crash that took the life of passenger in the other vehicle. To determine whether a crime is a lesser included offense, the Court uses the “impossibility” test. Is it impossible to commit one crime without committing the other? Does the first (greater) crime include every essential element of […]

Posted on October 4, 2017September 24, 2019
Robert Rehkemper
Recent Results

Failure to Offer Phone Call Results = No OWI Charge

Officer’s failure to offer phone calls upon arrival at the Sheriff’s Office results in OWI charge being amended to Reckless Driving and accompanying Carrying a Concealed Weapons charges amended down to a simple misdemeanor.