Kirkwood OWI / DUI Weekend Program in Iowa
Sometimes the Court will allow a person convicted of OWI to complete their mandatory 48 hours in jail by attending the Kirkwood OWI Weekend Program. When a deferred judgment is granted, the Court will often require this course as part of the probation. Either way, the OWI program is a great alternative to spending 48 [...]
read moreDoes Pleading Not Guilty Anger the Court? (Iowa City)
I have been asked this question many times in one form or another. The short answer is “No.” What does anger the Court is when a defendant rushes into a guilty plea, then wishes to withdraw the guilty plea claiming they did not know what was going on. For simple misdemeanors, the judge will generally [...]
read more"Operating" While Intoxicated / DUI in Iowa
As I have stated elsewhere on my website, the Iowa legislature has decided to call our drunk driving offense “OWI” for Operating While Intoxicated, (also called Operating While under the Influence) as opposed to many other jurisdictions which use the term “DUI” for Driving Under the Influence. Part of the reason for the “Operating” distinction [...]
read moreOperating While "Intoxicated" / DUI Iowa
There are three ways to be “intoxicated” or “under the influence” as defined by the Iowa Code for the offense of Operating While Intoxicated. Let’s start with what the actual law (Iowa Code §321J.2) says: 1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state [...]
read moreIowa Code §321J.2 (OWI)
321J.2 Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI). 1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an [...]
read moreIowa Code §124.401 (Possession of Controlled Substances)
124.401 Prohibited acts – manufacturers – possessors – counterfeit substances – simulated controlled substances – penalties. 1. Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance, a counterfeit substance, or a simulated controlled substance, or to act [...]
read moreIowa Code §123.46 (Public Intoxication)
123.46 Consumption or intoxication in public places – notifications – chemical tests – exoneration. 1. As used in this section unless the context otherwise requires: a. “Arrest” means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19 . b. “Chemical test” means a test of a person’s blood, [...]
read morePAULA in Iowa City
Paula – or Possession of Alcohol under the Legal Age, is a very common offense in Iowa City. A short time ago the fine was small, even for multiple offenses. Now the fines are staggering. A first offense Paula will cost a defendant $314.00. That includes $200.00 for the fine, a 32% “surcharge” and the [...]
read moreThe Purpose of this Blog
This blog is used to convey information about Iowa criminal law, criminal procedure and my practice to the public. Hopefully you can find some important legal information in the posts that will come. My main website, www.thompsonjustice.com, already contains vast amounts of information on general topics of Iowa criminal law and procedure. However, this blog [...]
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