South Dakota Still Getting Iowa Traffic Camera Tickets

2640 photo tickets have been issued to South Dakota residents since the beginning of 2015.  Last year, South Dakota lawmakers prohibited their state’s DMV from releasing information to cities looking to issue automated tickets to residents.  Sioux City is one of the cites that is continuing with it’s traffic camera citations.  The courts have been weighing in on the practice of issuing tickets via cameras.

For more information:

http://www.thenewspaper.com/news/47/4763.asp

Iowa Court of Appeals: Drinking In Car OK If Parked On Private Lot

Drinking in a parked car, as long as it is on private property, is OK per the Iowa Court of Appeals ruling on Wednesday.

The three judge panel ordered that open container laws only apply to roads or lots that are “open to the use of the public, as a matter of right, for purposes of vehicular traffic,” Chief Judge David Danilson wrote in the Wednesday ruling.

The public has no right to use a private lot, even if they have the implied permission of the owner, he wrote.

“The statute prohibiting open containers was inapplicable to Brown, and the officers did not have probable cause to search the vehicle,” Danilson ordered. “Without probable cause … the officers’ warrantless search was unreasonable.”

To be clear, a person can still be arrested for operating while intoxicated whether that person is on private or public property and the definition of “operating” is not always clear.

For more information:
http://www.desmoinesregister.com/story/news/crime-and-courts/2015/07/23/drinking-parking-car/30568813/?hootPostID=[%2746cf2af3011bd0ccfb9c6f0c0204eb61%27]

Are Anonymous Tips Enough For DUI Stop?

DUI Defense

The Iowa Supreme Court and the US Supreme Court saw it differently.
The Iowa Supreme Court ruled in March of 2014 that an anonymous tip does not give the police probable cause in order to initiate a DUI stop in State v. Koomia.

The case dates back to June 16, 2010, when Leon Koomia was stopped by officers for suspicion of drunk driving after dispatchers received an anonymous tip that Koomia and his friends had been drinking.

After the stop, Koomia failed the field sobriety tests and then registered a .088 BAC on the breath test.  This was .008 over the legal limit.  Koomia argued this was an illegal stop that violated his Fourth Amendment rights. The Iowa Supreme Court agreed and remanded he case for a new trial suppressing the field and breath tests.

About a month later, the US Supreme Court ruled that an anonymous tip was enough for a stop in Navarette v. CaliforniaIn this case, the tip came from a woman that says she was ran off the road.  The court found that the anonymous tip gave the officers reasonable suspicion of drunk driving.

For more information:

http://www.iowaappeals.com/u-s-supreme-court-splits-with-the-iowa-supreme-court-on-anonymous-tips-of-drunk-driving/

Now Accepting Clients For Criminal Law

Criminal Law

Vonnahme Law is now accepting clients for Criminal Law.

Contact Vonnahme Law today for a FREE initial Consultation if you’ve been charged with any of the following:

  • Drug Crimes (possession, sale/trafficking, manufacture of crystal meth, cocaine, heroin,      ecstasy, prescription drugs, and more)
  • Domestic Violence
  • Murder
  • Assault
  • Robbery
  • Theft
  • Fraud/White Collar Crimes
  • Forgery
  • Identity Theft
  • Sex Offenses
  • Drunk Driving (OWI / DUI / DWI)
  • Probation/Parole Violations
  • Burglary

DUI Defenses

There are many defenses available with a DUI charge.  Know what your rights are. There may be affirmative defenses available, problems with the accuracy of the Breathalyzer, or it may have been an improper stop in which evidence can be suppressed.

Do not plead guilty without talking to an attorney. We offer a FREE initial consultation. 712-258-8272

For more information:
http://dui.findlaw.com/dui-cases/defenses-to-drunk-driving.html