my charges are all drug related misdemeanors and i have no record.
answered on Jul 11, 2020
Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... View More 
And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... View More
answered on Jul 11, 2020
It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.
While I can't provide legal advice based on such an... View More
My son was involved in an accident the end of December 2019. He never physically received or was notified that there were any traffic citations as a result of the accident. Today, he received a failure to appear/pay notice and his driving record shows a probation violation because of this. If he... View More
answered on Feb 18, 2020
If he was never notified of the charges against him, never signed a promise to appear, etc., then this is clearly a violation of his rights under constitutional due process. Additionally, Iowa R. Crim. P. 2.55 requires that the defendant be served with a complaint that identifies the county,... View More
For driving mistakes
answered on Jan 28, 2020
Although it may seem esoteric, from a philosophical and legislative capacity role, fines serve a particular role in connection with criminal offenses: to punish for the violation so that there is a deterrence to committing the offense by that example, and to rehabilitate by using the negative... View More
answered on Jan 8, 2020
Possibly. That you rear ended the car in front of you is weighty evidence that you were, in fact, following too closely, but not is not per se conclusive that you were. Iowa Code 321.307 provides:
"The driver of a motor vehicle shall not follow another vehicle more closely than is... View More
I got pulled over for going over the speed limit while overtaking a vehicle. An officer was going 60 in front of a vehicle ahead of me. I overtook the car and after overtaking I slowed back down to the same speed the officer was going.
answered on Jan 5, 2020
Speed limit violations in Iowa are, unfortunately, strict liability (e.g. you're guilty if you are operating a vehicle on a public roadway that exceeded the posted speed limit regardless of your subjective reasoning, intent, or knowledge of doing so). Inability to overtake another vehicle... View More
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