An Iowa attorney could advise best, but this is an evolving issue nationwide. Different jurisdictions have taken different measures for the safety of children in the vicinity of ice cream trucks - including blinking lights, protocols for passing ice cream trucks, restrictions in high-traffic areas,...View More
Know what flavor you want and have your money out. No, seriously, Ice Cream trucks attract a lot of young children and others that are not paying attention to vehicles. Potential serious bodily injury or harm from vehicle/ pedestrian collisions. You can do a google search for Iowa Vehicle Code-...View More
Insufficient facts to provide a cogent response. What was the charge? Who issued ticket? This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
You should seek a consultation with one or more traffic ticket/criminal defense attorneys in the area/jurisdiction where the ticket was issued----speak to them about your desires and requests in this matter-----it is possible an attorney you hire can appear in Court on your behalf and resolve this...View More
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... View More
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...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
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
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
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
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.
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
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... View More
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.
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?
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... View More
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...View More
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.
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...View More
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,... View More
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....View More
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...View More
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
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.
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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