Waukon, Allamakee County. An unfortunate turn of events turned into an unusual legal battle in GRL’s defense of an Operating While Intoxicated and speeding case.
In an unexpected and tragic twist, the Trooper who investigated GRL’s client passed away in a car accident prior to the case getting to court. The prosecution understandably did not want to voluntarily let an Operating While Intoxicated accusation walk away unscathed, simply because their officer had passed away. The prosecution pressed on, attempting to argue a number of different legal points to justify the continued prosecution.
GRL continued to fight on behalf of our client. Both the United States and Iowa Constitutions guarantee an accused in a criminal prosecution the absolute right to cross-examine and confront witnesses against them. This obviously cannot be accomplished if the witness is unable to appear in court and testify. GRL filed motions and written arguments with the court, vigorously defending our client’s constitutional rights. Ultimately, the prosecution, after conducting exhaustive research, reached the appropriate realization that the continued prosecution was impossible. GRL’s client’s driving privileges were reinstated and the Operating While Intoxicated accusation was dismissed.
In the spirit of deference to the deceased, the defendant agreed to pay the court costs and the ticket for having an Open Container in the vehicle.
