Iowa high court issues coronavirus order
The 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
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Feb 28, 2020
- 5 min
Cedar 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 PLC
- Jan 31, 2020
- 4 min
Iowa Supreme Court: DNR can patrol Lake Panorama
January 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 PLC
- Jan 25, 2020
- 3 min
Cedar 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 PLC
- Jan 25, 2020
- 2 min
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.
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
- Dec 27, 2019
- 4 min
Iowa 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 PLC
- Aug 9, 2019
- 2 min
Cedar Rapids Criminal Lawyer explains: Iowa now approves expungements
The 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 PLC
- May 3, 2019
- 2 min
DUI Trainers: cite legal conduct to justify OWI stop
The 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 PLC
- Apr 19, 2019
- 2 min
How 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 PLC
- Mar 15, 2019
- 2 min
Iowa High Court: Confirmatory Drug Test Required for Guilty Verdict
Meyers 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 PLC
- Mar 15, 2019
- 2 min
What 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 PLC
- Mar 15, 2019
- 4 min
Iowa OWI Evidentiary Breath Test Decision
Cedar 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 PLC
- Mar 15, 2019
- 4 min
Is 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 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 22, 2018
- 2 min
Iowa Supreme Court overturns 3X habitual offender drunk driver sentence calling it illegal
In 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 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
- Aug 25, 2018
- 3 min
Iowa Supreme Court okays suspicionless stop of parked motorist at roadside
Iowa'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 PLC
- Jun 7, 2018
- 3 min
Governor signs new OWI restrictive license and interlock law
Iowa 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 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
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