The holiday season, beginning with Thanksgiving and continuing through the rest of the year, is among the busiest times for drunk driving. So many celebrations offer alcohol, and many people end up over the limit without even realizing it. For that reason, many law...
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West Des Moines Criminal Defense Law Blog
Is it time to end the war on marijuana?
Marijuana arrests make up over half of all drug arrests in the U.S., and approximately 88 percent of marijuana arrests are for possession. Enforcing our state and federal marijuana laws costs the U.S. about $3.6 billion every year, yet doing so has had virtually no...
US Supreme Court to consider racial bias in jury selection
When prosecutors and defense attorneys choose jurors from a pool, they are allowed to reject some jurors, either for good cause or in what is called a "preemptory challenge." Jurors can be removed for cause, for example, when they are unqualified to serve, have a...
How drug courts can offer hope
If you are charged with a drug crime, drug court may offer a way for you to regain freedom and control over your life while receiving substance abuse treatment. Drug court also keeps those charged from being incarcerated. Not all drug offenders are eligible for drug...
What degree of evidence is required for the terrorism watch list?
The question of what standard should be used when placing someone on terrorism watch list is currently before the Ninth Circuit Court of Appeals. While Iowa is in the Eighth Circuit, the ruling could be significant nationwide because much of the evidence against...
Iowa Supreme Court: DOT officers can’t write traffic tickets
Imagine you're headed down the highway and are signaled to pull over by an official state vehicle. It's the Iowa Department of Transportation, and they say they spotted a traffic violation you committed a couple of miles back. They issue you a $150 ticket.That...
Des Moines police make arrest based on new ballistics machine
Recently, the Des Moines police became the first Iowa police department to install an in-house machine that can analyze shell casings and access a federal ballistic imaging network to identify potential matches with firearms. Now, that system has been used to match a...
Keeping Halloween fun and free of criminal charges
For children and parents who go out trick-or-treating or to haunted houses during Halloween, the season is an occasion for fun and creativity. But for older children and teens, Halloween can also lend itself to a degree of mischief that can sometimes border on...
Can you get arrested for OWI just for sitting in a parked car?
Suppose you've been drinking and had been planning to drive. Realizing you're too intoxicated to do so safely, you decide to avoid driving and sleep it off in your car. To keep warm, you start the engine, but you don't have any plans to drive. While you're asleep, the...
What are the penalties for OWI in Iowa?
In Iowa, drunk driving is considered "operating while intoxicated," or OWI. It is defined as operating a motor vehicle while under the influence of alcohol, a drug, or a combination of substances. A blood alcohol concentration of 0.08 is considered "per se" OWI,...
