David A. Cmelik Law PLCMar 16, 20202 minIowa high court issues coronavirus orderThe Iowa Supreme Court has issued an order to limit the spread of coronavirus in the execution of the court's duties. Find out how it wi
David A. Cmelik Law PLCFeb 28, 20205 minCedar Rapids DUI Lawyer Checklist: What now?It's go time now that you're out of jail after an OWI (DUI) arrest in Cedar Rapids or Iowa City. Contact us to go through this check
David A. Cmelik Law PLCJan 31, 20204 minIowa Supreme Court: DNR can patrol Lake PanoramaJanuary 31, 2020—today, the Iowa Supreme Court decided State v. Meyers, holding DNR officers may enforce boating laws on Panorama, Macbride,
David A. Cmelik Law PLCJan 25, 20203 minCedar Rapids DUI Lawyer: Do OWI convictions automatically "fall off" my record?Defendants sometimes mistakenly believe that a drunk driving conviction in the State of Iowa "falls off" their record, or, is auto
David A. Cmelik Law PLCJan 25, 20202 minBad weather stops yield OWI arrestsOfficer Friendly will use this pretext to stop motorists he or she sees as a potential OWI (drunk driving) suspect.
David A. Cmelik Law PLCJan 25, 20202 minCedar Rapids DUI Lawyer: what to expect with your 2020 OWI criminal prosecutionYou 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 PLCDec 27, 20194 minIowa high court: police did not seize DUI arrestee, interaction "consensual"The Iowa Supreme Court finds police did not have to constitutionally justify conversation with stopped DUI driver
David A. Cmelik Law PLCAug 9, 20192 minCedar Rapids Criminal Lawyer explains: Iowa now approves expungementsThe Iowa Legislature, in Senate File 589, has approved, and the Governor has signed into law, a criminal law bill that allows expungements o
David A. Cmelik Law PLCMay 3, 20192 minDUI Trainers: cite legal conduct to justify OWI stopThe National HIghway Traffic Safety Administration, or, NHTSA, teaches police to cite to legal conduct like varying speed or driving under t
David A. Cmelik Law PLCApr 19, 20192 minHow long can Cedar Rapids Police follow motorist?Cedar Rapids, Iowa, OWI (DUI) clients and potential clients often ask how long police can follow a motorist under suspicion of DUI. Here'
David A. Cmelik Law PLCMar 15, 20192 minIowa High Court: Confirmatory Drug Test Required for Guilty VerdictMeyers decision stands for proposition that a confirmatory drug test of a urine sample is required to try and convict a defendant of the con
David A. Cmelik Law PLCMar 15, 20192 minWhat is impairment in an Iowa OWI?Impaired driving is the new Cedar Rapids OWI buzzword for the accusation that someone is under the influence either when they are below .08
David A. Cmelik Law PLCMar 15, 20194 minIowa OWI Evidentiary Breath Test DecisionCedar Rapids OWI (DUI) Lawyer David A. Cmelik Law PLC explains what refusal means for the evidentiary Datamaster DMT test in an Iowa OWI pro
David A. Cmelik Law PLCMar 15, 20194 minIs portable breath test really voluntary?Cedar Rapids OWI (DUI) lawyer and attorney David A. Cmelik Law PLC explains how the PBT, or, preliminary breath test, is less voluntary than
David A. Cmelik Law PLCFeb 9, 20193 minPolice garage not "detention" for right to phone callIowa 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 PLCOct 22, 20182 minIowa Supreme Court overturns 3X habitual offender drunk driver sentence calling it illegalIn Noll, Iowa Supreme Court reverses 3X third offender OWI sentence reserved for habitual felons holding habitual felon statute does not app
David A. Cmelik Law PLCOct 12, 20182 minRespect the van: high court reverses OWI conviction, tosses evidenceIowa 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 PLCAug 25, 20183 minIowa Supreme Court okays suspicionless stop of parked motorist at roadsideIowa's high court upholds suspicionless stop of parked motorist at roadside as long as court finds officer genuinely only wanted to rend
David A. Cmelik Law PLCJun 7, 20183 minGovernor signs new OWI restrictive license and interlock lawIowa Governor Kim Reynolds signed into law sweeping changes to require all OWI offenders to install ignition interlock devices in cars they
David A. Cmelik Law PLCFeb 21, 20181 minCedar Rapids OWI Lawyer: prescription as complete defense to OWI chargeIn Iowa, a motorist may raise a “prescription drug defense” if they have take the prescription without alcohol and according to medical inst