West Des Moines Iowa Criminal Defense Law Blog

Weeks of nationwide and global demonstrations after the killing of George Floyd in Minneapolis have had their effect, according to a new AP-NORC poll. The vast majority of Americans now see the need for criminal justice reform. And, a large majority (69%) now says that the system needs either a complete overhaul or major changes.

Black people were still more likely than whites to say so, and to emphasize the need for significant changes. For example, 92% of Black respondents said the criminal justice system needs a complete overhaul or major changes, while only 65% of white respondents said so.

Is assessing fines and fees an effective way to administrate justice? Does doing so result in less crime? Lower recidivism rates? Or does it come down unfairly on the poor? Should communities pay for part of their court administration costs with fines and fees? What does it mean when our justice system is partially a collection agency?

These are all important questions with no easy answers. The independent, nonpartisan think tank the Brennan Center for Justice, which is affiliated with New York University School of Law, has been looking at the issues. Although very little official information is available directly from courts, the center was able to perform an illuminating analysis of one aspect of the use of court fines and fees. How much does it cost jurisdictions to assess and collect those fines and fees?

Motorists coming home from the bar may feel anxious if police stop them. In some cases, it doesn't matter if you're not impaired or below the legal limit; an officer may still choose to charge you with an OWI.

Many have started to question how authorities determine someone "too drunk to drive." As the use of breathalyzers have come under scrutiny in recent years, so have field sobriety tests.

If you're stopped for suspicion of drunk driving, the officer will ask you some basic identifying questions and then may proceed to conduct some field sobriety tests. There is a high chance they will have you blow into a breathalyzer to determine your blood alcohol concentration (BAC).

Unfortunately, breathalyzers and other alcohol breath testing machines are small, highly unpredictable technological devices. When the machine confirms that your BAC is above the legal limit, there are several factors that prevent the results from being completely accurate.