A defendant was facing OWI 2nd Offense. Upon review of the evidence, it became apparent that the officer had demanded a drug test without probable cause. After that, Attorney Katherine Sears argued that there were seven separate reasons to suppress the evidence. The evidence was suppressed on the first argument. The other arguments were not addressed. With the evidence for OWI suppressed, the case was dismissed. The defendant's license revocation was also rescinded -- he did not lose his driver's license.
Second offense DUI for drug metabolites is an aggravated misdemeanor. Aggravated misdemeanors in Iowa are punishable by up to two years in prison.
Polk County, Iowa. 090045.
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Outcomes -- Can I get my OWI suppressed?
Case outcomes are unique. The facts determine what will happen. Not everyone can have their OWI suppressed. The nature of the offense, the evidence, the witnesses, lawyers, judge, and jurors, and your willingness and ability to pursue particular defenses all affect what will happen.
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What will happen if I'm charged with a crime?
When someone alleges that you have committed a public offense in Iowa, law enforcement will start an investigation. If the police believe there is probable cause to charge you, they will take you to jail. Instead of taking you to jail, they might give you a notice to appear. Your notice to appear tells you when your court date is. If you are arrested, an officer might read your rights to you. After that, you can call a lawyer or a law firm.
A judge will see you for the first time at your an initial appearance. The judge will schedule a preliminary hearing.
At the preliminary hearing, you or your lawyer will have the opportunity to ask questions to witnesses. The witnesses will be under oath. Your lawyer might try to show the Court that there is no probable cause.
Your attorney might suggest waiving the preliminary hearing. Waiving a hearing means deciding not to have it. Before you decide, talk to your defense lawyer.
Your lawyer will tell you about your next court date. Often, your next court date will be an arraignment.
Police will provide reports to the prosecutor. Next, the county attorney's office will review these reports. Then, the prosecutor will decide what to charge you with.
The county attorney’s office will review the information provided to them by the police. They will determine what offenses to charge you with. You could be charged with a misdemeanor or with a felony.
How can a lawyer help?
Your attorney will tell you what the government is claiming that you did. They will explain your rights. Then, they will tell you what the worst-case scenario is. This means that they will explain the fines, terms of incarceration, and collateral consequences that might apply. In other words, your lawyer will explain how this could affect your life.
Next, your law firm will give you legal advice. A lawyer will explain the pros and cons of going to trial. After you understand, you will decide what to do. You are the only person who can decide whether or not you will go to trial.
Finally, if you’re convicted, you might have reason and opportunity to appeal. People appeal convictions and sentences . Also, people appeal to say the laws have constitutional problems. Your lawyer can advise you on whether to appeal. They can file a notice of appeal for you.
The court of appeals hears appeals. So does the Iowa Supreme Court. If you think you should appeal, ask your criminal defense attorney for more information.