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Iowa Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Iowa on
Q: I am looking for some guidance relating to a "failure to obey traffic control device" ticket

I am looking for some guidance relating to a "failure to obey traffic control device" ticket I received tonight, I was leaving from the store and came to the stoplight and came to a complete stop and looked to my left and saw a vehicle that was slowing down. So I thought that the light... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You may have been cited for the wrong offense. What you did was a failure to yield, if your state allows right turns on red lights except were posted. Usually traffic is construed very strictly. You might consider a not guilty plea and take your chance at trial or going to Traffic School. You... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

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... Read more »

Benjamin Kohn
Benjamin Kohn 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...
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1 Answer | Asked in Traffic Tickets for Iowa on
Q: If I was never physicality issued or notified of a traffic citation, can I be held liable for failure to pay or appear?

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... Read more »

Benjamin Kohn
Benjamin Kohn 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,... Read more »

1 Answer | Asked in Traffic Tickets for Iowa on
Q: What a criminal surcharge

For driving mistakes

Benjamin Kohn
Benjamin Kohn 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... Read more »

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I bumped the car in front of me due to anti lock breaks failing. Ticket for "following too close" Worth contesting?
Benjamin Kohn
Benjamin Kohn 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...
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1 Answer | Asked in Traffic Tickets for Iowa on
Q: Am I allowed to speed up above the speed limit to overtake a vehicle?

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.

Benjamin Kohn
Benjamin Kohn 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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... Read more »

Katherine Sears
Katherine Sears answered on Apr 30, 2019

Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: We have a neighbor who parks his semi on the side of a gravel road. Is there anything to make him stop?

It is difficult to get other machinery down the road and unsafe for general traffic.

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

If it obstructs traffic on a public road yes.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: Can you overturn an already paid for ticket?

I received a ticket and paid it online soon after. When I drove on the road again I realized the speed limit was different than what the officer ticketed me at. He wrote me for 40 in a 30 when it was a 35. Is there anyway to get my fine back or at the least have it taken off my record?

Erik Steven Fisk
Erik Steven Fisk answered on May 8, 2018

Paying it = pleading guilty. Only in exceptional circumstances are you able to revisit a guilty plea. It is unlikely you would be able to do so here.

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: First car accident ever and am being required to retest with the DOT to keep my license. Do I have any recourse?

I was in my first accident since I began driving at the age of 16 (I am 33 now). I did not receive a moving violation for this accident, but am now being required to retake all tests (written, driving, vision, hearing) with the DOT in order to keep my license. Is this normal or is this something... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Jan 4, 2018

It's normal if you are a member of the Congressional majority. Without seeing/reading what you have there isn't any way for a lawyer to give you an complete answer.

1 Answer | Asked in Car Accidents, Civil Litigation and Traffic Tickets for Iowa on
Q: My 17 year old son took a truck and hit another car. Then left the scene. The other couple has liability what do we do.

He was charged and does have a job. We have had way to many issues with him. Does he have to pay this or what are our options we cannot pay all of the estimate in one try.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 19, 2017

The facts are not clearly stated, which makes answering your question difficult. I have been a lawyer for thirty-six years and a father for longer than that. Here is my advice: 1. Yes, he has to pay. 2. Make him get a job and repay anything you have to pay on his behalf. 3. Ground him and take away... Read more »

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I passed a stopped school bus and am under the age of 18 and was wondering about the consequences?

I passed a school bus accidently. I didn't see any children exiting and saw the stop sign unfolding after I passed. I slowed down immediately and later pulled over to call local schools and the dot to report the issue.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 4, 2017

If the facts are as you describe them, nothing will happen. If the facts are different in terms of the timing of the sign unfolding you may receive a citation for failing to stop. Were you on your cell phone texting? It is not an excuse, at least not a valid one, but you might consider the question... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Q: Need advice on a traffic incident that was "setup".

I was involved in a traffic incident where a person claimed i scratched their car, which i did not. The police decided not to give me a ticket either. Where this is at, at the moment, is the iowa d.o.t. is going to suspend my license if I dont deposit $1,500 with their office in the next few days,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

Unfortnately, the way most statutes run, you don't have insurance and someone claims you are at fault, even if you win you can be suspended. If the cops wrote it up, get a copy of the report. They are asking it sounds like for a security deposit. You want to argue, pay the deposit.... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Iowa on
Q: If I got any DUI and I got my license back in January I behave gotten two speeding tickets will this affect my probation

It says in the paper they sent me I can't get any kind of moving violations.

Freddy Woods
Freddy Woods answered on May 2, 2017

Any subsequent arrests that you have while on probation could result in a probation violation. Consult a lawyer to defend you at the hearing. If you do not have counsel and you are violated at the hearing, the judge could sentence you to serve the amount of time hanging over your head that was... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Q: Where can i find past court cases regarding "failure to maintain control" moving violaltions?

I Was cited for moving violation called failure to maintain control, in my situation i had a mechanical failure and i need some past court case information about a similar situation thats been dismissed as a result

Peter N. Munsing
Peter N. Munsing answered on Apr 4, 2017

Suggest you go to your county courthouse's law library, ask the librarian to help you if you don't want to get with an attorney. You should look for a mechanic to verify the "mechanical failure." Look up "sudden emergency doctrine" if you are on a d.i.y. kick.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: My 16 yr old daughter was ticketed for 20 over the speed limit in Illinois. She holds an Iowa license. Consequences?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2015

Most states have entered into interstate compacts regarding driver licensing. If she is convicted in Illinois, and if she ignores it, eventually she will loose her Illinois license.

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