Tag: OWI Lawyer

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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Officer’s Error Saves Client’s License

A Story County Client was arrested and taken to the station for chemical testing.  She agreed to provide a urine sample.  After she provided the urine sample, the officer provided the written request for her consent.  Law enforcement is required to make a written request for a body specimen prior to the person consenting or refusing the test.  The State agreed to throw the test results out and amend the charge from OWI to public intoxication and reckless driving.  Client retained their driver’s license.

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OWI Amended to Public Intoxication WIN

The Cerro Gordo County District Court recently granted the state’s motion to amend the charge from OWI to Public Intoxication following an aggressive, independent investigation into the circumstances surrounding a private party raided by the sheriff’s office. We were able to establish that more than two hours elapsed between the time our client last drove his vehicle and the time of chemical testing on the DataMaster DMT.  Had we not done so, the state would have been entitled to a “two-hour presumption” instruction at trial that would have allowed the jury to presume the DMT result was our client’s breath […]

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