As previously discussed in this blog, body cameras help both sides of a police encounter. Bad behavior from the officer and the citizen decreases with use, and evidentiary questions are easier to resolve, avoiding a “he said, she said,” situation. Check out the Iowa City Police Department’s statement to use more body cams in the near […]
Read More… from Cheers to ICPD, Planning to Use More Body Cameras
In each of my cases, I require my clients to sign various PDF documents and return them to me. The majority of the time, people figure this out. However, this might be the first time doing this for some people, and it can be a bit confusing. This article provides a simple tutorial for some […]
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Simply possessing a fake ID is illegal in the State of Iowa. The police do not need to show that you actually used the ID, or that it even has your picture on it. You can be in trouble for holding the fake ID of your friend. What happens if your fake ID is confinscated […]
What happens when you get caught with a fake ID in Iowa? There are several different ID-related crimes that are associated with trying to get into a bar, or purchase alcohol while underage. Let’s take a look at the different ID-related crimes, the level of severity and the potential charges/penalties for each. Misuse of Drivers […]
Kirkwood Community College offers a variety of classes to meet state requirements for taking an educational program and/or substituting it for 48 hours in jail for individuals arrested for drinking and driving. OWI 48 Hour Weekend Program This class is for individuals, 18 years and older, that were arrested for an OWI. Individuals taking the […]
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 […]
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 […]
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 […]
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 […]
During most police stops on suspicion for DUI / OWI, the officer will request a breath sample. What happens if a defendant refuses? There are two different breath samples which the officer may request. The first is the preliminary breath test or “PBT” or field test. This is the small box which officers carry with […]
Read More… from Refusing to Blow During an OWI / DUI Stop in Iowa