Bad weather stops yield OWI arrests
Officer Friendly will use this pretext to stop motorists he or she sees as a potential OWI (drunk driving) suspect.
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Jan 25, 2020
- 2 min
Cedar Rapids DUI Lawyer: what to expect with your 2020 OWI criminal prosecution
You know it well. The lonely chair, next to the desk. On the desk there's a computer looking thing. That's the Datamaster DMT.
David A. Cmelik Law PLC
- Feb 9, 2019
- 3 min
Police garage not "detention" for right to phone call
Iowa high court decides sobriety testing in patrol car sally port, or, garage, is not "place of detention" to trigger right to a p
David A. Cmelik Law PLC
- Oct 12, 2018
- 2 min
Respect the van: high court reverses OWI conviction, tosses evidence
Iowa Supreme Court reverses OWI (DUI) conviction after police stop a van driver who was merely related to someone suspected of ditching a ca
David A. Cmelik Law PLC
- Oct 11, 2018
- 3 min
Appeals court dissent blasts State 'amass & aggrandize' suppression tactics
In State v. Baker, two out of three judges in a 3-judge panel approved a warrantless seizure of a suspected drug dealer and the subsequent s
David A. Cmelik Law PLC
- Oct 11, 2018
- 3 min
Past abuse, expert opinion about "rare" mom abuse properly excluded, court says
In State v. Knudsen, a 3-judge panel of the Iowa Court of Appeals examined whether a trial judge in a sex abuse case wrongly excluded eviden
David A. Cmelik Law PLC
- Oct 11, 2018
- 2 min
Informant's reputation does not invalidate warrant, says court
The Iowa appeals court in Haase examined whether police seeking a warrant recklessly disregarded the truth by ignoring informant's alleg
David A. Cmelik Law PLC
- Oct 11, 2018
- 4 min
"Willing" Confession Not Entitled to Miranda warning, says Appeals Court
Miranda requires that an interrogation target be "in custody" to get the warning. Otherwise, a defendant is not entitled to it. Co
David A. Cmelik Law PLC
- Aug 24, 2018
- 2 min
Iowa votes to end driver's license revocation for most drug cases
The Iowa Legislature passed an amendment to the Iowa Code that strikes a paragraph requiring the judge or clerks of court to notify the Iowa
David A. Cmelik Law PLC
- Feb 21, 2018
- 1 min
Cedar Rapids OWI Lawyer: prescription as complete defense to OWI charge
In Iowa, a motorist may raise a “prescription drug defense” if they have take the prescription without alcohol and according to medical inst
David A. Cmelik Law PLC
- Feb 14, 2018
- 3 min
What is an 'Alford plea' in a Cedar Rapids, Iowa, criminal prosecution?
The Supreme Court, Justice White writing for the majority, wrote that the Constitution did not prohibit acquiescence to a finding of guilt i
David A. Cmelik Law PLC
- Feb 9, 2018
- 2 min
Iowa Supreme Court reverses 5-year extension of simple misdemeanor 1-year no-contact order
Today in State v. Vance, the Iowa Supreme Court issued a writ of certiorari to vacate a five-year extension of a one-year no-contact order e
David A. Cmelik Law PLC
- Feb 9, 2018
- 3 min
Iowa Supreme Court: New lodging starts clock on 5-day sex offender registry update, not five full da
Defendant argued evidence was insufficient to convict him of a violation of Iowa Code § 692A.105 because the statute only required him to no
David A. Cmelik Law PLC
- Feb 5, 2018
- 2 min
Understanding Criminal Assault in Iowa
The law of assault in Iowa is statutory, meaning there is a written law on how a person should be charged.
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