Most people are familiar with at least one or two of the three Standardized Field Sobriety Tests that law enforcement use to investigate suspected drunk drivers. These include the Horizontal Gaze Nystagmus Test; Walk and Turn Test; and One Leg Stand. However, what many people do not recognize is that officers begin testing and evaluating the driver even before those three "formal" tests are commenced.
The complete anatomy of a operating while intoxicated investigation starts with the person's driving behavior and ends with chemical testing at the station. However, it is during the "personal contact" phase that law enforcement is most prone to exaggerate observations they make in support of their predetermined conclusion that a person is intoxicated. The "personal contact" phase starts when the officer initially approaches the individual to discus the basis for the stop. During this phase, the officer is trained to observe how the person reacts and interacts with him when asked various questions and simultaneously requesting multiple documentary items from the driver. According the law enforcement's training, the following are just some of the observations an officer can make that are "consistent" with impairment:
1. Inability to produce two or more things requested simultaneously, i.e., license and registration;
2. Not immediately answering questions while searching for the requested documents;
3. "Unusual" answers or responses;
4. "Nervous" behavior.
Anyone who has been stopped by law enforcement, knows that any, if not all of those things can and often times are, a natural consequence to any motorist being stopped by law enforcement. Nerves are much more likely to cause many of those behaviors than impairment by alcohol. Indeed, the Iowa State Patrol has published a pamphlet entitled: "The Traffic Stop and You." In that brochure it explains that nervousness is a natural emotion during a traffic stop.
The absurdity of law enforcement's training as it pertains to the "personal contact" phase is best demonstrated by the "meow" scene from the movie Super Troopers. Applying law enforcement's training to that scene, that poor fellow could easily be painted as intoxicated. He only produced his drivers license when asked to produce both license and registration; He does not immediately answer questions; Appears unsure and confused by the entire situation; and has a nervous mannerism of reaching up to his right ear. Now, it certainly does not help that the officer threw in 9 "meows" during the interaction with one to end it, but that clip demonstrates how law enforcement has made a practice of turning completely normal behaviors into evidence of intoxication so long as they have any reason to believe the person has been drinking.
Looking at this from another side though, knowing what law enforcement is looking for and how they are trained to interpret their observations, can work int he favor of a driver. Having license, registration and insurance ready to go; knowing that you will be "tested" even while sitting in the car; and understanding how the process and investigation works from law enforcements perspective can better equip you to conduct yourself in a manner where you are actually creating evidence of sobriety, even by law enforcement's own training. This can be a powerful tool in defending any number of accusations that may come about as a result of a traffic stop.
Know your rights before you see lights. Visit www.Oh-Crap-App.com to download your free app explaining your legal rights when investigated by law enforcement.
Showing posts with label dui. Show all posts
Showing posts with label dui. Show all posts
Thursday, May 15, 2014
Tuesday, August 6, 2013
Why Would Anyone Do Field Sobriety Tests?
"Would you mind doing some tests for me real quick just to make sure your are alright to drive?"
By the time a police officer is asking a driver this question, chances are he has already made up his mind that the driver is intoxicated. Believing that they really don't have a choice and that the tests are presumably fair and objective assessments of their state of sobriety, most drivers agree to perform these tests. Unfortunately, following this testing, most drivers are shocked to hear the officer say "turn around and face the car, place your hands behind your back" as he cuffs and arrests them for operating while intoxicated.
When a lawyer meets with the confused driver the following morning to discuss the predicament he now faces, there is a consistent theme to the conversation. The driver believes he performed well on the field sobriety tests and cannot understand why the officer claims he failed and is further frustrated and shocked to learn that he never had to perform field sobriety tests in the first place.
Field sobriety tests in the State of Iowa are completely "voluntary." There is no way that a police officer can compel a person to perform these tests. If field sobriety tests are declined, chances are the officer will place the individual under arrest which nobody every wants to experience. However, as many drivers find out the hard way, submitting to the tests inevitably leads to the same result but with additional problem that the State then has more evidence to use against the driver in an effort to prove he was "under the influence of alcohol."
There really is no good reason why someone would or should submit to field sobriety testing. Why voluntarily subject yourself to a test that may well be used to incriminate you, especially when you are nervous, scared and your muscle and memory coordination is not what it would ordinarily be under optimal conditions? Furthermore, many officers have testified that a person passing a particular field sobriety test is not evidence of their sobriety. Why would anyone agree to take a test that they don't get credit for passing? Add to all of this, the fact that many officer will "fail" drivers on field sobriety tests even when the driver is completely sober. In a study conducted at the University of Clemson, researchers found that officers concluded completely sober individuals had "too much to drink" when evaluating their performance of these tests an astounding 46% of the time. Why would anyone agree to take a test that specially trained police officers get wrong almost half of the time?
Finally, as the below video demonstrates, in order to be an effective sobriety evaluation, the test should be something that is reasonably simple for the average person to perform sober. If this police officer is having trouble simply demonstrating the test, why would anyone agree to perform the test when their freedom is on the line?
(If video does not open and play, click here)
The biggest reason that drivers submit to field sobriety tests is because they do not know that they do not have to submit to field sobriety tests or are not confident in their rights. The lawyers at GRL Law have developed a smart phone application to assist motorists in knowing and effectively exercising their rights. Download your free version of the Oh Crap App, available at iTunes and Android Market. Know your rights; Exercise your rights; Preserve your freedom!
By the time a police officer is asking a driver this question, chances are he has already made up his mind that the driver is intoxicated. Believing that they really don't have a choice and that the tests are presumably fair and objective assessments of their state of sobriety, most drivers agree to perform these tests. Unfortunately, following this testing, most drivers are shocked to hear the officer say "turn around and face the car, place your hands behind your back" as he cuffs and arrests them for operating while intoxicated.
When a lawyer meets with the confused driver the following morning to discuss the predicament he now faces, there is a consistent theme to the conversation. The driver believes he performed well on the field sobriety tests and cannot understand why the officer claims he failed and is further frustrated and shocked to learn that he never had to perform field sobriety tests in the first place.
Field sobriety tests in the State of Iowa are completely "voluntary." There is no way that a police officer can compel a person to perform these tests. If field sobriety tests are declined, chances are the officer will place the individual under arrest which nobody every wants to experience. However, as many drivers find out the hard way, submitting to the tests inevitably leads to the same result but with additional problem that the State then has more evidence to use against the driver in an effort to prove he was "under the influence of alcohol."
There really is no good reason why someone would or should submit to field sobriety testing. Why voluntarily subject yourself to a test that may well be used to incriminate you, especially when you are nervous, scared and your muscle and memory coordination is not what it would ordinarily be under optimal conditions? Furthermore, many officers have testified that a person passing a particular field sobriety test is not evidence of their sobriety. Why would anyone agree to take a test that they don't get credit for passing? Add to all of this, the fact that many officer will "fail" drivers on field sobriety tests even when the driver is completely sober. In a study conducted at the University of Clemson, researchers found that officers concluded completely sober individuals had "too much to drink" when evaluating their performance of these tests an astounding 46% of the time. Why would anyone agree to take a test that specially trained police officers get wrong almost half of the time?
Finally, as the below video demonstrates, in order to be an effective sobriety evaluation, the test should be something that is reasonably simple for the average person to perform sober. If this police officer is having trouble simply demonstrating the test, why would anyone agree to perform the test when their freedom is on the line?
(If video does not open and play, click here)
The biggest reason that drivers submit to field sobriety tests is because they do not know that they do not have to submit to field sobriety tests or are not confident in their rights. The lawyers at GRL Law have developed a smart phone application to assist motorists in knowing and effectively exercising their rights. Download your free version of the Oh Crap App, available at iTunes and Android Market. Know your rights; Exercise your rights; Preserve your freedom!
Tuesday, July 2, 2013
Celebrating Independence - Maintaining Your Freedom
The 4th of July certainly gives Americans something to celebrate. It is that day where we celebrate the adoption of the Declaration of Independence and the ultimate birth of our great country. The freedoms and rights that were born out of our nations rise to independence were a bold experiment, the success of which has completely altered how governments interact with their citizenry worldwide. Our nation is founded on the concept that the government is equally bound by the rule of law and that its citizens have particular rights that the government cannot and will not be permitted to infringe upon. These core principles were revolutionary, innovative and radical in their time but have proven themselves through the emergence and maintenance of our country as a world leader.
Our success as a nation and the fundamental rights and concepts of government that have made it a success are certainly worthy of celebration. To quote Founding Father, John Adams: "The second day of July, 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. it ought to be solemnized with pomp and parade, with shows, games, sports, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more."
With every form of celebration comes efforts by the government to ensure the safety and well-being of its citizenry. In recent years this has meant a greater police presence and a significant increase in enforcement efforts. The Iowa Department of Natural Resources has announced targeted efforts on increasing boating regulation enforcement on Iowa's lakes and rivers during the Fourth of July weekend. At the same time the Governor's Traffic Safety Bureau has announced that it will be conducting "high visibility enforcement" and will be "cracking down on traffic violators." Finally, many cities have instituted complete bans on fireworks promising "zero tolerance on illegal fireworks."
The greater police presence and enforcement means every citizen's chances of coming into contact with law enforcement is greatly increased as well. While much of law enforcement's efforts are well-meaning and designed to promote public safety, many of the officers working these programs are doing so on an overtime basis in addition to their normal shifts. Fatigue and the stress of these additional shifts can take a toll on even the best of officers causing them to be shorter on patience and common sense as the night wears on. Impatient and intolerant officers are significantly more likely to be over-aggressive with their enforcement efforts which can result in the infringement of individual liberties.
Because of concerns that have arisen in the past with overzealous law enforcement, the attorneys at GRL Law have developed the Iowa Driver's Rights Card and the Oh Crap App, to educate the public on their legal rights and assist citizens of this State in invoking and protecting their rights when confronted with law enforcement. The Oh Crap App even goes so far as to contact an on-call attorney and record the initial contact with law enforcement when the "help" button is activated to ensure that what transpires during the interaction is truthfully and properly documented. These tools are free to the public. Don't leave home without them.
You can log onto GRL Law's website to learn your legal rights; e-mail the law firm at info@grllaw.com for your free copies of the Iowa Driver's Rights Card or get on iTunes or Android Market to download your free copy of the Oh Crap App.
Remember, regardless of the reason you may come into contact with law enforcement, learning and understanding your legal rights is something every American should do. We celebrate the freedoms and rights that millions of our fellow citizens have fought and died for, you should at least take the time to educate yourself on what your rights truly are. As Founding Father, Benjamin Franklin said: "This will be the best security for maintaining our liberties. A nation of well-informed men, who have been taught to know and price the rights which God has given them, cannot be enslaved."
Know your rights; Exercise your rights; Preserve your freedom!
Our success as a nation and the fundamental rights and concepts of government that have made it a success are certainly worthy of celebration. To quote Founding Father, John Adams: "The second day of July, 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. it ought to be solemnized with pomp and parade, with shows, games, sports, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more."
With every form of celebration comes efforts by the government to ensure the safety and well-being of its citizenry. In recent years this has meant a greater police presence and a significant increase in enforcement efforts. The Iowa Department of Natural Resources has announced targeted efforts on increasing boating regulation enforcement on Iowa's lakes and rivers during the Fourth of July weekend. At the same time the Governor's Traffic Safety Bureau has announced that it will be conducting "high visibility enforcement" and will be "cracking down on traffic violators." Finally, many cities have instituted complete bans on fireworks promising "zero tolerance on illegal fireworks."
The greater police presence and enforcement means every citizen's chances of coming into contact with law enforcement is greatly increased as well. While much of law enforcement's efforts are well-meaning and designed to promote public safety, many of the officers working these programs are doing so on an overtime basis in addition to their normal shifts. Fatigue and the stress of these additional shifts can take a toll on even the best of officers causing them to be shorter on patience and common sense as the night wears on. Impatient and intolerant officers are significantly more likely to be over-aggressive with their enforcement efforts which can result in the infringement of individual liberties.
Because of concerns that have arisen in the past with overzealous law enforcement, the attorneys at GRL Law have developed the Iowa Driver's Rights Card and the Oh Crap App, to educate the public on their legal rights and assist citizens of this State in invoking and protecting their rights when confronted with law enforcement. The Oh Crap App even goes so far as to contact an on-call attorney and record the initial contact with law enforcement when the "help" button is activated to ensure that what transpires during the interaction is truthfully and properly documented. These tools are free to the public. Don't leave home without them.
You can log onto GRL Law's website to learn your legal rights; e-mail the law firm at info@grllaw.com for your free copies of the Iowa Driver's Rights Card or get on iTunes or Android Market to download your free copy of the Oh Crap App.
Remember, regardless of the reason you may come into contact with law enforcement, learning and understanding your legal rights is something every American should do. We celebrate the freedoms and rights that millions of our fellow citizens have fought and died for, you should at least take the time to educate yourself on what your rights truly are. As Founding Father, Benjamin Franklin said: "This will be the best security for maintaining our liberties. A nation of well-informed men, who have been taught to know and price the rights which God has given them, cannot be enslaved."
Know your rights; Exercise your rights; Preserve your freedom!
Tuesday, August 16, 2011
Can't Unrefuse a Refusal
You can't unrefuse a refusal the Iowa Supreme Court ruled.
Toby Welch was arrested for Operating While Intoxicated (OWI, DUI), in the early morning hours on August 1st, 2009. Following a relatively short investigation which included Mr. Welch consenting to a preliminary breath test, Mr. Welch was arrested for operating a motor vehicle while intoxicated. He was transported to the police station where implied consent proceedings were invoked and he was requested to submit to an evidentiary breath test. Being faced with the decision to consent or refuse the breath test, Mr. Welch requested to place phone calls in order to secure advice, as was his right. After unsuccessfully attempting to contact his attorney and a few family members, Mr. Welch advised the arresting officer that he did not want to take the breath test. Consequently, the arresting officer entered Mr. Welch's refusal into the computer and placed him in a temporary holding area. While in the holding area, Mr. Welch received a return call from this attorney and after speaking with his lawyer, requested an opportunity to take the breath test. The arresting officer most certainly could have permitted Mr. Welch to take the test at that time, however, he informed Mr. Welch that it was "too late" and he had already refused the breath test. As a result Mr. Welch's driving privileges were suspended for his test refusal instead of the lesser period for test failure, or not at all had he passed the test.
Mr. Welch appealed the suspension of his driving privileges for test refusal, alleging that he should be able to unrefuse his refusal. Unfortunately, the Iowa Supreme Court saw it differently. In Welch v. Iowa Department of Transportation, Justice Mansfield, writing for the Court, concluded that a person arrested for OWI is only entitled to "one refusal." This decision was reached based upon the plain language of Iowa's implied consent law which states if a person refuses to consent, a test shall not be given. The Court further justified this holding based upon the fact that a "clearcut 'one refusal' rule reduces the time and cost burdens on law enforcement."
Whether one agrees or disagrees with the Iowa Supreme Court's ruling on this case, there are a couple of important points that are worth repeating.
First, an individual arrested for operating while intoxicated has the legal right to contact an attorney, family member, or both before making a decision regarding chemical testing. While the individual does not have an absolute right to wait two-hours before making their decision, so long as the individual is making a good-faith effort to contact and attorney or family member for advice, the arresting officer cannot unreasonably interfere with those attempts. Don't make a decision without first obtaining the advice you need.
Second, anything less then an unqualified "consent" is a refusal. You have a "reasonable opportunity" to think about your decision and contact someone to assist with you but actions can amount to a refusal just as much as words. Saying "I consent" but not complying with the officer's instructions on how to take the test can still result in a refusal the same way saying "I refuse" will. If you consent, take the test correctly or run the risk of being marked as a "refusal" for non-compliance.
Finally, make sure you are comfortable with your decision to take or refuse testing before you make your decision. There are a number of important considerations to take into account before you make that decision. It never hurts to study up before you find yourself in that unfortunate predicament. Know your rights, exercise your rights, and preserve your freedom. Remember you can't unrefuse a refusal. You can however, refuse after con
Toby Welch was arrested for Operating While Intoxicated (OWI, DUI), in the early morning hours on August 1st, 2009. Following a relatively short investigation which included Mr. Welch consenting to a preliminary breath test, Mr. Welch was arrested for operating a motor vehicle while intoxicated. He was transported to the police station where implied consent proceedings were invoked and he was requested to submit to an evidentiary breath test. Being faced with the decision to consent or refuse the breath test, Mr. Welch requested to place phone calls in order to secure advice, as was his right. After unsuccessfully attempting to contact his attorney and a few family members, Mr. Welch advised the arresting officer that he did not want to take the breath test. Consequently, the arresting officer entered Mr. Welch's refusal into the computer and placed him in a temporary holding area. While in the holding area, Mr. Welch received a return call from this attorney and after speaking with his lawyer, requested an opportunity to take the breath test. The arresting officer most certainly could have permitted Mr. Welch to take the test at that time, however, he informed Mr. Welch that it was "too late" and he had already refused the breath test. As a result Mr. Welch's driving privileges were suspended for his test refusal instead of the lesser period for test failure, or not at all had he passed the test.
Mr. Welch appealed the suspension of his driving privileges for test refusal, alleging that he should be able to unrefuse his refusal. Unfortunately, the Iowa Supreme Court saw it differently. In Welch v. Iowa Department of Transportation, Justice Mansfield, writing for the Court, concluded that a person arrested for OWI is only entitled to "one refusal." This decision was reached based upon the plain language of Iowa's implied consent law which states if a person refuses to consent, a test shall not be given. The Court further justified this holding based upon the fact that a "clearcut 'one refusal' rule reduces the time and cost burdens on law enforcement."
Whether one agrees or disagrees with the Iowa Supreme Court's ruling on this case, there are a couple of important points that are worth repeating.
First, an individual arrested for operating while intoxicated has the legal right to contact an attorney, family member, or both before making a decision regarding chemical testing. While the individual does not have an absolute right to wait two-hours before making their decision, so long as the individual is making a good-faith effort to contact and attorney or family member for advice, the arresting officer cannot unreasonably interfere with those attempts. Don't make a decision without first obtaining the advice you need.
Second, anything less then an unqualified "consent" is a refusal. You have a "reasonable opportunity" to think about your decision and contact someone to assist with you but actions can amount to a refusal just as much as words. Saying "I consent" but not complying with the officer's instructions on how to take the test can still result in a refusal the same way saying "I refuse" will. If you consent, take the test correctly or run the risk of being marked as a "refusal" for non-compliance.
Finally, make sure you are comfortable with your decision to take or refuse testing before you make your decision. There are a number of important considerations to take into account before you make that decision. It never hurts to study up before you find yourself in that unfortunate predicament. Know your rights, exercise your rights, and preserve your freedom. Remember you can't unrefuse a refusal. You can however, refuse after con
Tuesday, June 9, 2009
DUI vs. OWI
What is the difference between DUI and OWI? Primarily the name but there are also little nuances that justify the different acronyms.
DUI stands for "Driving Under the Influence." OWI stands for "Operating While Under the Influence." In the State of Iowa, it is illegal to operate a motor vehicle while under the influence of alcohol and thus, Iowa uses the acronym OWI. Other states only prohibit driving while under the influence and thus use the acronym DUI. "Operating" under most state laws has a broader definition than "driving" and thus, casts a much wider net. In fact, Iowa defines "Operating" as "being in physical control of a motor vehicle that is in motion or has its engine running." That being the case, one is always "operating" when "driving" but not always "driving" when "operating." Other acronyms such as OMVUI and OUI and DWI which have their own definitions that are much the same but with similar subtle but important distinctions.
Aside from those distinctions, in normal everyday conversations DUI and OWI really mean about the same thing. They are acronyms for drunk driving charges. DUI is the most commonly used because most States prohibit "driving" and not necessarily "operating." As a consequence DUI is the most common acronym used for drunk driving charges.
On an important side note the offense of Operating While Intoxicated in Iowa is Iowa's drunk driving charge. It can be committed in three different ways but the offense is still drunk driving as it is commonly referred to. Whether the person is accused of having an alcohol concentration over .08, being "under the influence of alcohol", having any amount of controlled substances in their system, or a combination of alcohol and controlled substance, the charge is still OWI and the consequences are the same regardless of how it is defined. These charges cary some of the most severe penalties of any misdemeanor offense in this State and must be taken very seriously.
Know your rights; Exercise your rights; Preserve your freedom
DUI stands for "Driving Under the Influence." OWI stands for "Operating While Under the Influence." In the State of Iowa, it is illegal to operate a motor vehicle while under the influence of alcohol and thus, Iowa uses the acronym OWI. Other states only prohibit driving while under the influence and thus use the acronym DUI. "Operating" under most state laws has a broader definition than "driving" and thus, casts a much wider net. In fact, Iowa defines "Operating" as "being in physical control of a motor vehicle that is in motion or has its engine running." That being the case, one is always "operating" when "driving" but not always "driving" when "operating." Other acronyms such as OMVUI and OUI and DWI which have their own definitions that are much the same but with similar subtle but important distinctions.
Aside from those distinctions, in normal everyday conversations DUI and OWI really mean about the same thing. They are acronyms for drunk driving charges. DUI is the most commonly used because most States prohibit "driving" and not necessarily "operating." As a consequence DUI is the most common acronym used for drunk driving charges.
On an important side note the offense of Operating While Intoxicated in Iowa is Iowa's drunk driving charge. It can be committed in three different ways but the offense is still drunk driving as it is commonly referred to. Whether the person is accused of having an alcohol concentration over .08, being "under the influence of alcohol", having any amount of controlled substances in their system, or a combination of alcohol and controlled substance, the charge is still OWI and the consequences are the same regardless of how it is defined. These charges cary some of the most severe penalties of any misdemeanor offense in this State and must be taken very seriously.
Know your rights; Exercise your rights; Preserve your freedom
Friday, June 5, 2009
June Traffic Enforcement Crackdown
The Iowa State Patrol announced on June 4th, a campaign to step up enforcement of traffic violations during the month of June. http://www.dps.state.ia.us/commis/pib/Releases/2009/06-03-2009_SafeSaturdays.htm. According to the State Patrol's press release "statistics indicate the month of June is one of the deadlier months for traffic fatalities in Iowa." The majority of these fatalities occur on Saturday nights so the special enforcement effort is being dubbed "Safe Saturdays."
The stepped up enforcement will focus on cracking down on speeding, seat belt usage, and drunk driving. Each Saturday during June a different District will activate its entire work force between the hours of 5:30 p.m. and 2:00 a.m. with all uniformed members of the patrol participating in these projects, regardless of rank. Bottom line is that the highways will be crawling with State Troopers looking for the slightest possible traffic infraction to "justify" stopping vehicles to investigate them for OWI/DUI. Aggressive enforcement of traffic laws will likely be an understatement. If you have not already, now is the time to ensure that all of the equipment on your vehicle is in proper working order because the smallest infraction will give law enforcement sufficient reason to pull you over. (Top 10 Ways to Avoid a DUI). Now is also a good time to refresh your understanding of your rights (OWI and Your Rights) and request an Iowa Driver's Rights Card. In the unfortunate event that you are stopped and investigated for Operating While Intoxicated what you do and say from the moment you are stopped can make all the difference.
The Department of Public Safety has released a schedule for the stepped up enforcement but you can be certain that all law enforcement agencies will be increasing patrols and enforcement at all times through out the summer months and especially during the month of June. A word of warning, it is a pattern of Iowa law enforcement agencies and specifically the Department of Public Safety to announce a formal crack down on one weekend but actually step up enforcement on other dates that are not advertised. Govern yourself accordingly. The "published" schedule is as follows:
June 6th:
District 1: Includes Des Moines, Ames, Marshalltown, Boone and Newton
District 6: Spencer, Estherville, Orange city, Sibley, and the Lakes area
District 7: Fort Dodge, Webster City, Algona, Rockwell City, Clarion and Pocahontas
District 12: Davenport, Muscatine, Clinton, Anamosa and Maquoketa
June 13th:
District 3: Council Bluffs, Red Oak, Shenandoah, Atlantic, and Corning
District 8: Mason City, Charles City, Clear Lake, Forest City and Cresco
District 13: Fairfield, Mount Pleasant, Burlington, Washington, Keokuk and Fort Madison
June 20th:
District 2: Osceola, Creston, Chariton, Indianola and Lamoni
District 5: Sioux City, Cherokee, Storm Lake and Ida Grove
District 9: Cedar Falls, Waterloo, Waverly, Iowa Falls and Grundy Center
June 27th:
District 4: Carroll, Denison, Jefferson, Audubon and Harlan
District 10: Dubuque, Oelwein, Decorah and Independence
The stepped up enforcement will focus on cracking down on speeding, seat belt usage, and drunk driving. Each Saturday during June a different District will activate its entire work force between the hours of 5:30 p.m. and 2:00 a.m. with all uniformed members of the patrol participating in these projects, regardless of rank. Bottom line is that the highways will be crawling with State Troopers looking for the slightest possible traffic infraction to "justify" stopping vehicles to investigate them for OWI/DUI. Aggressive enforcement of traffic laws will likely be an understatement. If you have not already, now is the time to ensure that all of the equipment on your vehicle is in proper working order because the smallest infraction will give law enforcement sufficient reason to pull you over. (Top 10 Ways to Avoid a DUI). Now is also a good time to refresh your understanding of your rights (OWI and Your Rights) and request an Iowa Driver's Rights Card. In the unfortunate event that you are stopped and investigated for Operating While Intoxicated what you do and say from the moment you are stopped can make all the difference.
The Department of Public Safety has released a schedule for the stepped up enforcement but you can be certain that all law enforcement agencies will be increasing patrols and enforcement at all times through out the summer months and especially during the month of June. A word of warning, it is a pattern of Iowa law enforcement agencies and specifically the Department of Public Safety to announce a formal crack down on one weekend but actually step up enforcement on other dates that are not advertised. Govern yourself accordingly. The "published" schedule is as follows:
June 6th:
District 1: Includes Des Moines, Ames, Marshalltown, Boone and Newton
District 6: Spencer, Estherville, Orange city, Sibley, and the Lakes area
District 7: Fort Dodge, Webster City, Algona, Rockwell City, Clarion and Pocahontas
District 12: Davenport, Muscatine, Clinton, Anamosa and Maquoketa
June 13th:
District 3: Council Bluffs, Red Oak, Shenandoah, Atlantic, and Corning
District 8: Mason City, Charles City, Clear Lake, Forest City and Cresco
District 13: Fairfield, Mount Pleasant, Burlington, Washington, Keokuk and Fort Madison
June 20th:
District 2: Osceola, Creston, Chariton, Indianola and Lamoni
District 5: Sioux City, Cherokee, Storm Lake and Ida Grove
District 9: Cedar Falls, Waterloo, Waverly, Iowa Falls and Grundy Center
June 27th:
District 4: Carroll, Denison, Jefferson, Audubon and Harlan
District 10: Dubuque, Oelwein, Decorah and Independence
Thursday, August 21, 2008
DUI Prevention - Top Ten Ways to Avoid a DUI
With the extended Labor Day weekend quickly approaching signaling the unfortunate ending of summer, law enforcement will be stepping up patrols and traffic enforcement in an effort to increase DUI/OWI apprehensions. The National Highway Traffic Safety Administration has began hitting the airwaves and television with their advertisements with the theme, "over the limit, under arrest" and "buzzed driving is drunk driving." In response to the increased crack down on suspected drunk drivers, the Attorneys at GRL Law feel it appropriate not only to encourage responsible behavior but also assist the general public in avoiding being stopped by law enforcement in the first place. If you do not give law enforcement a reason to pull you over then a DUI investigation never begins. As such, here are a few helpful tips from the attorneys at GRL Law.
Top Ten Ways to Avoid a DUI
1. Don’t Drink and Drive. While it’s not illegal to drink and drive, the only sure fire way to avoid an arrest for DUI is not to put yourself in a position where an officer suspects you of being intoxicated. The only way to do that is not to consume alcohol prior to driving.
2. Get off the Road by 11 p.m. The majority of DUI arrests occur after midnight and for the obvious reason that people tend to leave bars around that time, especially bar close at 2 a.m. Thus, it is the third watch (11p.m. – 7 a.m.) officers that are much more aggressive in their enforcement. When you would ordinarily not be pulled over for a license plate cover that covers the county during normal hours, after 11 p.m. the chances of that occurring drastically increase.
3. Don’t drive like a jack ass. Simply put, if you don’t give law enforcement a reason to pull you over, you don’t have to worry about a drunk driving arrest. If you have been out drinking for an evening and elect to drive home, make sure to pay attention to posted speed limits and traffic control signs and devices. You should also understand that a “concerned citizen” call can be sufficient to justify an officer in pulling you over. Thus, treat others on the road with respect when you’ve had a few and are driving home. If you don’t give them a reason to stop you, then you don’t have to worry about what to do following the stop (http://www.grllaw.com/CM/Custom/Your-Rights-OWI.asp)
4. Ensure your vehicle equipment is working properly. The smallest traffic violation or vehicle equipment/lighting violation gives law enforcement a legal basis to stop your vehicle. Ensuring that all lighting and equipment is in proper working order will obviously decrease your chances of being stopped in the first place.
5. Remove license plate frames or covers that obscure or obstruct the reading of ANY portion of your license plate. More and more, law enforcement is making a habit of stopping vehicles because the license plate frame covers or obscures a portion of the county printed on the license plate. While it is debatable whether or not this truly violates the statute, the best way to ensure you do not have to get into this fight is to remove any frames or covers that makes the license plate hard to read or obstructs any portion of any letters on the plate.
6. Don’t drive on a suspended or revoked licensed. In the State of Iowa, law enforcement may stop a vehicle if the registered owner is suspended, barred or otherwise revoked. Believe it or not, a police officers job is not always full of fun and excitement. They do get bored and will routinely run license plate numbers of vehicles in front of them or that they pass as they travel down the road. If the registered owner comes back as suspended or revoked, you just gave them something to do and it is downhill from there.
7. Don’t sleep in the driver’s seat of a vehicle that is running. If you are going to take a nap in your car, take it in the passenger’s seat or in the rear seat and make sure the vehicle is not running! A few extra steps can save you a few thousand dollars.
8. Stay off your cell phone. Studies have shown that individuals talking on cell phones are just as, if not more impaired, then individuals with an alcohol concentration of .08. Combine cell phone use and a few beers and you are asking for disaster. Text or call your after hours company once you safely arrive home. It can wait!
9. Don’t make stops on your way home. While a late-night burrito or taco supreme sounds incredible at 2 in the morning, you stopping drastically increases the odds of you spending the night courtesy of the county bed and breakfast. More people get called in for drunk driving by fast food restaurant drive-through workers and convenience store workers then you would think. Go straight home and keep some frozen chimichangas in the freezer for after hours, it all tastes the same at 2 a.m.
10. Don’t eat while driving. Just like your cell phone, eating food impairs your ability to safely operate your vehicle. The less distractions you have while driving the better off you will be. Again, wait until you safely arrive at home.
Top Ten Ways to Avoid a DUI
1. Don’t Drink and Drive. While it’s not illegal to drink and drive, the only sure fire way to avoid an arrest for DUI is not to put yourself in a position where an officer suspects you of being intoxicated. The only way to do that is not to consume alcohol prior to driving.
2. Get off the Road by 11 p.m. The majority of DUI arrests occur after midnight and for the obvious reason that people tend to leave bars around that time, especially bar close at 2 a.m. Thus, it is the third watch (11p.m. – 7 a.m.) officers that are much more aggressive in their enforcement. When you would ordinarily not be pulled over for a license plate cover that covers the county during normal hours, after 11 p.m. the chances of that occurring drastically increase.
3. Don’t drive like a jack ass. Simply put, if you don’t give law enforcement a reason to pull you over, you don’t have to worry about a drunk driving arrest. If you have been out drinking for an evening and elect to drive home, make sure to pay attention to posted speed limits and traffic control signs and devices. You should also understand that a “concerned citizen” call can be sufficient to justify an officer in pulling you over. Thus, treat others on the road with respect when you’ve had a few and are driving home. If you don’t give them a reason to stop you, then you don’t have to worry about what to do following the stop (http://www.grllaw.com/CM/Custom/Your-Rights-OWI.asp)
4. Ensure your vehicle equipment is working properly. The smallest traffic violation or vehicle equipment/lighting violation gives law enforcement a legal basis to stop your vehicle. Ensuring that all lighting and equipment is in proper working order will obviously decrease your chances of being stopped in the first place.
5. Remove license plate frames or covers that obscure or obstruct the reading of ANY portion of your license plate. More and more, law enforcement is making a habit of stopping vehicles because the license plate frame covers or obscures a portion of the county printed on the license plate. While it is debatable whether or not this truly violates the statute, the best way to ensure you do not have to get into this fight is to remove any frames or covers that makes the license plate hard to read or obstructs any portion of any letters on the plate.
6. Don’t drive on a suspended or revoked licensed. In the State of Iowa, law enforcement may stop a vehicle if the registered owner is suspended, barred or otherwise revoked. Believe it or not, a police officers job is not always full of fun and excitement. They do get bored and will routinely run license plate numbers of vehicles in front of them or that they pass as they travel down the road. If the registered owner comes back as suspended or revoked, you just gave them something to do and it is downhill from there.
7. Don’t sleep in the driver’s seat of a vehicle that is running. If you are going to take a nap in your car, take it in the passenger’s seat or in the rear seat and make sure the vehicle is not running! A few extra steps can save you a few thousand dollars.
8. Stay off your cell phone. Studies have shown that individuals talking on cell phones are just as, if not more impaired, then individuals with an alcohol concentration of .08. Combine cell phone use and a few beers and you are asking for disaster. Text or call your after hours company once you safely arrive home. It can wait!
9. Don’t make stops on your way home. While a late-night burrito or taco supreme sounds incredible at 2 in the morning, you stopping drastically increases the odds of you spending the night courtesy of the county bed and breakfast. More people get called in for drunk driving by fast food restaurant drive-through workers and convenience store workers then you would think. Go straight home and keep some frozen chimichangas in the freezer for after hours, it all tastes the same at 2 a.m.
10. Don’t eat while driving. Just like your cell phone, eating food impairs your ability to safely operate your vehicle. The less distractions you have while driving the better off you will be. Again, wait until you safely arrive at home.
Thursday, May 29, 2008
Just Say No Don't Blow - Iowa 2nd Offense OWI's
On a second offense operating while intoxicated (owi/dui/oui) case in the State of Iowa there is absolutely no reason to submit to a breath test if there is a chance you will be over .08.
The implied consent advisory read to an individual that has a prior offense for OWI advises them that if they consent to taking a breath test and "fail" by providing a breath sample indicating an alcohol concentration in excess of .08 they lose their driving privileges for 1 year. If they refuse to provide a breath test, their driving privileges are suspended for 2 years. What the advisory does not tell the individual is that the work permit eligibility and DOT and legislatively imposed sanctions for a second offense make the license suspension periods pretty much the same regardless of whether the person blows or not.
If the person "fails" the test, they provide evidence that is presumed to be their alcohol concentration at the time they were driving and their license is suspended for an entire year without the possibility of a work permit, temporary restricted license, or hardship license. This is a hard suspension where the person is hitching rides to and from work or riding their bike. What many people do now know until it is too late is that even after the one year hard suspension is up and they are eligible to have their full license reinstated, Iowa law requires them to install an ignition interlock device for another full year in order to have their license reinstated.
If the person were to refuse testing, the state is without it's most powerful evidence and must actually prove that the individual was "under the influence of alcohol" at the time the vehicle was being operated. Driving privileges are suspended for two years but after a year of a hard suspension the individual is eligible for a temporary restricted licence so long as an ignition interlock device is installed.
The only logical conclusion when the truth is revealed is that there is no reason to take a breath test on a 2nd Offense OWI in the State of Iowa. Just say no . . . don't blow! This is another classic example of how hidden or unknown consequences result in an inaccurate and misleading implied consent advisory designed to coerce people into providing evidence against themselves in operating while intoxicated cases.
The implied consent advisory read to an individual that has a prior offense for OWI advises them that if they consent to taking a breath test and "fail" by providing a breath sample indicating an alcohol concentration in excess of .08 they lose their driving privileges for 1 year. If they refuse to provide a breath test, their driving privileges are suspended for 2 years. What the advisory does not tell the individual is that the work permit eligibility and DOT and legislatively imposed sanctions for a second offense make the license suspension periods pretty much the same regardless of whether the person blows or not.
If the person "fails" the test, they provide evidence that is presumed to be their alcohol concentration at the time they were driving and their license is suspended for an entire year without the possibility of a work permit, temporary restricted license, or hardship license. This is a hard suspension where the person is hitching rides to and from work or riding their bike. What many people do now know until it is too late is that even after the one year hard suspension is up and they are eligible to have their full license reinstated, Iowa law requires them to install an ignition interlock device for another full year in order to have their license reinstated.
If the person were to refuse testing, the state is without it's most powerful evidence and must actually prove that the individual was "under the influence of alcohol" at the time the vehicle was being operated. Driving privileges are suspended for two years but after a year of a hard suspension the individual is eligible for a temporary restricted licence so long as an ignition interlock device is installed.
The only logical conclusion when the truth is revealed is that there is no reason to take a breath test on a 2nd Offense OWI in the State of Iowa. Just say no . . . don't blow! This is another classic example of how hidden or unknown consequences result in an inaccurate and misleading implied consent advisory designed to coerce people into providing evidence against themselves in operating while intoxicated cases.
Friday, May 23, 2008
Look Into My Eyes - Horizontal Gaze Nystagmus
The first of three standardized field sobriety tests for operating while intoxicated investigations is called the Horizontal Gaze Nystagmus test. The majority of people charged with drunk driving present to the attorneys office claiming to have passed this test because as far as they were aware, they were able to properly follow the officers pen or finger throughout this test. Unfortunately, an individuals ability to follow the stimulus is not the primary concern of this test. While it is necessary to follow the stimulus for the officer to correctly administer and interpret the test results, the officer is looking for much more.
This test is designed to look for and detect the presence of Gaze Nystagmus in the human eye. “Nystagmus” although a complicated sounding word simply means the involuntary jerking of the eye. Nystagmus occurs in every human’s eyes all the time however, it is not normally observable under normal circumstances. The theory underlying this test is that when someone has consumed excessive amounts of alcohol the “jerking” of the eye becomes more pronounced and sustained and is visible to another human eye when the eye is manipulated in various ways. This field sobriety test is the only field sobriety test that has any background in science of medicine. However, there are a number of different problems with the use of the Horizontal Gaze Nystagmus test in criminal prosecutions that should be noted.
First, there are over 45 different medically and legally recognized causes of conditions in the eye that can simulate Horizontal Gaze Nystagmus. Officers are not trained to detect and differentiate between Horizontal Gaze Nystagmus and any of the other conditions in the eye that may cause the eye to involuntarily twitch or jerk. Officers ARE trained however that different environmental factors can cause Nystagmus even absent the consumption of alcohol by the individual being tested. One such phenomenon is known as Optokinetic Nystagmus which can be caused by rotating lights or rapidly moving traffic in close proximity to the individual being tested. What is present in the majority of drunk driving arrests? That is correct, traffic passing in close proximity and police vehicles with their overhead rotating lights activated.
Second, a number of common prescription medications such as Cerebryx and Dilantin have Nystagmus listed as a potential side effect. It is important to notify your attorney if you were taking any prescription medications at the time of your arrest. You can also check for yourself at http://www.fda.gov/
Third, the large majority of all police officers do not administer the test correctly and fail to follow the standardized procedures and protocols. There are very specific standardized procedures and protocols for the administration of this test that must be followed for the test results to have any validity or reliability per the officers own training manuals. This author can count on one hand the number of Horizontal Gaze Nystagmus Tests that he has observed actually been conducted correctly.
Finally, there is no independent objective verification available in this type of test to determine whether or not the officer actually is observing Nystagmus as alleged. Officers will claim the individual scored 6 out of the 6 possible cues thus “failing” this test miserably. . . . prove him wrong. There is no video camera that is zoomed up into the tested person’s eyes and whether or not Nystagmus is actually present can not be objectively challenged. Even the most talented DUI attorney is stuck attacking the manner in which the test is administered as opposed to showing a jury that the objective evidence establishes Nystagmus was not present. While this can an often times if very effective, there is no substitute for objective video evidence showing that what the officer claims to have observed was not present.
In conclusion, an individual submitting to the Horizontal Gaze Nystagmus test is completely at the mercy of the officer administering the test to administer and interpret the test correctly and truthfully. The officer already thinks that the test subject is potentially under the influence of alcohol which is why the test is being administered in the first place. Why put yourself in that precarious position when, in the State of Iowa, you have the absolute right to refuse field sobriety testing. You do not lose your driving privileges for refusing field sobriety testing. You may be arrested and taken to jail but chances are if you submit to these tests you will be arrested anyway. If you really think about it, you could take all the field sobriety tests, blow below the legal limit on the preliminary breath test, and still be arrested and taken to jail for the night. Know your rights, exercise your rights, preserve your freedom!
This test is designed to look for and detect the presence of Gaze Nystagmus in the human eye. “Nystagmus” although a complicated sounding word simply means the involuntary jerking of the eye. Nystagmus occurs in every human’s eyes all the time however, it is not normally observable under normal circumstances. The theory underlying this test is that when someone has consumed excessive amounts of alcohol the “jerking” of the eye becomes more pronounced and sustained and is visible to another human eye when the eye is manipulated in various ways. This field sobriety test is the only field sobriety test that has any background in science of medicine. However, there are a number of different problems with the use of the Horizontal Gaze Nystagmus test in criminal prosecutions that should be noted.
First, there are over 45 different medically and legally recognized causes of conditions in the eye that can simulate Horizontal Gaze Nystagmus. Officers are not trained to detect and differentiate between Horizontal Gaze Nystagmus and any of the other conditions in the eye that may cause the eye to involuntarily twitch or jerk. Officers ARE trained however that different environmental factors can cause Nystagmus even absent the consumption of alcohol by the individual being tested. One such phenomenon is known as Optokinetic Nystagmus which can be caused by rotating lights or rapidly moving traffic in close proximity to the individual being tested. What is present in the majority of drunk driving arrests? That is correct, traffic passing in close proximity and police vehicles with their overhead rotating lights activated.
Second, a number of common prescription medications such as Cerebryx and Dilantin have Nystagmus listed as a potential side effect. It is important to notify your attorney if you were taking any prescription medications at the time of your arrest. You can also check for yourself at http://www.fda.gov/
Third, the large majority of all police officers do not administer the test correctly and fail to follow the standardized procedures and protocols. There are very specific standardized procedures and protocols for the administration of this test that must be followed for the test results to have any validity or reliability per the officers own training manuals. This author can count on one hand the number of Horizontal Gaze Nystagmus Tests that he has observed actually been conducted correctly.
Finally, there is no independent objective verification available in this type of test to determine whether or not the officer actually is observing Nystagmus as alleged. Officers will claim the individual scored 6 out of the 6 possible cues thus “failing” this test miserably. . . . prove him wrong. There is no video camera that is zoomed up into the tested person’s eyes and whether or not Nystagmus is actually present can not be objectively challenged. Even the most talented DUI attorney is stuck attacking the manner in which the test is administered as opposed to showing a jury that the objective evidence establishes Nystagmus was not present. While this can an often times if very effective, there is no substitute for objective video evidence showing that what the officer claims to have observed was not present.
In conclusion, an individual submitting to the Horizontal Gaze Nystagmus test is completely at the mercy of the officer administering the test to administer and interpret the test correctly and truthfully. The officer already thinks that the test subject is potentially under the influence of alcohol which is why the test is being administered in the first place. Why put yourself in that precarious position when, in the State of Iowa, you have the absolute right to refuse field sobriety testing. You do not lose your driving privileges for refusing field sobriety testing. You may be arrested and taken to jail but chances are if you submit to these tests you will be arrested anyway. If you really think about it, you could take all the field sobriety tests, blow below the legal limit on the preliminary breath test, and still be arrested and taken to jail for the night. Know your rights, exercise your rights, preserve your freedom!
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