Navigating OWI/DUI/DWI Charges: Legal Issues, Defenses, and Impact

Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are varying terms used to describe the same legal offense of operating a vehicle under the influence of alcohol or other substances. The legal implications and consequences of such charges can be severe, often resulting in fines, license revocation, mandatory educational …

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Understanding Ignition Interlock Devices

Ignition Interlock Devices: Their Purpose, Legal Implications, and Iowa Requirements Overview of Ignition Interlock Devices Ignition Interlock Devices (IIDs) are crucial tools in preventing individuals from driving under the influence of alcohol. These devices are essentially breathalyzer devices (a.k.a. “blow and go”) that are installed in vehicles, and they function by requiring the driver to …

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U.S. Supreme Court discusses the mens rea/scienter requirements when interpreting criminal statutes and formulating proper jury instructions. https://www.law.cornell.edu/supremecourt/text/20-1410#writing-20-1410_SYLLABUS …

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Interesting decision by the U.S. Supreme Court on criminal harassment and the 1st amendment calls into question the validity of many state harassment statutes, and their enforcement/prosecution, and the standards required to pass constitutional muster. https://www.law.cornell.edu/supremecourt/text/22-138#writing-22-138_OPINION_4 …

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Iowa Educator Acquitted of Child Endangerment Charge

Iowa Educator Acquitted of Child Endangerment Charge Imperfect parenting isn’t necessarily a crime. There is a huge difference between merely creating a risk or potential risk of harm vs. KNOWINGLY creating a SUBSTANTIAL risk of harm, the latter being the standard the law requires. https://www.newsbreak.com/news/3103788863436-jury-acquits-former-iowa-educator-charged-after-he-left-child-home-alone?_f=app_share&s=i4&pd=0CFqeUWA&lang=en_US&send_time=1690508651&trans_data=%7B%22platform%22%3A0%2C%22cv%22%3A%2223.28.0.32%22%2C%22languages%22%3A%22en%22%7D&fbclid=IwAR3aI6DcHTyUEBAiPOYFSoikvX1eJ1z2UTzDzxi34hlxymnkANjNzXLo850   …

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New TRL Law regarding Eluding

As of July 1, 2023, some of those convicted of eluding now will be eligible for work permits. However, those who are deemed habitual violators, with one of the convictions being eluding, will not be eligible. https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:78b1999e-cfc0-39ab-b35a-86120c8509ce       …

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Iowa Supreme Court holds that the 6th Amendment requires a jury to find facts that increase or decrease punishment, if such would be punitive/punishment as part of a criminal case. $150,000 restitution in a death case is punitive, and as such, requires a specific finding that the Defendant caused the death if there is an …

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