right to an attorney Archives

Iowa Supreme Court Severely Limits Rights of People Under Arrest for OWI

The Iowa Supreme Court took an unfortunate significant step backwards as it relates to the rights of individuals arrested, but not yet formally charged with Operating While Intoxicated, in Iowa. In State v. Sewell, a case argued by GRL Law, Justice Mansfield, delivered the opinion of the court which held a person arrested for Operating While Intoxicated, who has been asked to submit to a breath test, but has not yet been formally charged with the offense, does NOT have the right to a privileged phone call with an attorney. Justice Appel issued a stern dissent, arguing that the request […]

OWI Amended to Public Intoxication Preserves CDL

Another result of our relentless pretrial discovery efforts is now on display in Jasper County. After painstakingly reviewing every word of the implied consent video, we discovered that our client asked for an attorney. The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT. Our client refused. Iowa law provides a limited right to consult with a lawyer while being detained by police. The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation. The result? A simple misdemeanor. No jail. A fine of […]