The Verdict - The Lombardi Law Firm Blog
Here at the Lombardi Law Firm we add blog content that is personal to those involved in accidents. We write this way so you have an understanding of how we think and handle cases - your case. We invite you to call us if you think we can help you resolve your legal problems. We settle most of our cases, because we do the basic legal work necessary to understand the facts of your case. We offer on our website, relevant and concise information that you will be helpful to you as you get ready to settle or to try your case.
We can and will do the same for you. That's my promise. So call us today!
Steve Lombardi, 515-222-1110 or sdlombardi@aol.com
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Wrongfully Charged? This Trooper story in Utah could get real ugly.
State troopers put their lives on the line every day. And the act of pulling someone over on a highway can be a deadly experience for any cop not following the best protocols. But police are also under great pressure to generate ticket revenue for their cities, counties and states, and their zeal to hit revenue targets can lead them to do the wrong thing.Supplying Alcohol to a Minor Charged
If you’re involved in an Iowa rollover personal injury accident you need to read the information on the Lombardi Law Firm website. www.lombardilaw.com or sdlombardi@aol.com. 515-222-1110.Drunk Driving News for March 11, 2011
Today let’s go with this one news item from the Omaha World-Herald. If you want to know how summary driver license revocation hearings can be read this story. Play this melancholy music to back you up and to put all of this in the right perspective. The artwork is rally intriguing but the collage is different to say the least. I would compare this to an operatic comic book of sorts.Drunk Driving News for February 22, 2011
Todd Miler who shares office space with me handles OWI cases in central Iowa. His availability to me has allowed me to watch how the law works to handle the criminal defense of these cases. I’ve been handling the PI side of drunken driving cases now for the better part of 30 years and they can be a challenge. The law is somewhat convoluted and patched together from a public policy trying to deter drinking and driving while trying not to compensate those who are drunk and driving. The estate claims and the dependent claims can proceed but with some restrictions. Of course after reading thousands of wrong-way driving news reports from all over the country the risks of drinking and driving are pretty telling. If I can answer your questions give me a call; otherwise here today are the news items for Iowa about OWI, drinking and driving or drunk driving as it’s commonly referred to. Here are some stories for today. Contact information: sdlombardi@aol.com and 515-222-1110.Criminal Law Drunk Driving - What you need to know about our services.
: If you’ve been arrested for drunk driving you need to see an attorney within the first ten days after your arrest. Todd Miler has been representing people arrested for OWI or OMVUI for over 10 years. You need to call him for an immediate appointment.Iowa OWI law: the exception to the Constitution.
We are coming closer to living in a police state. In an OWI prosecution the police officer is the person that controls all the evidence. The officer decides which evidence to preserve. In many cases evidence of a person’s innocence is not preserved. If the evidence doesn’t help the officer, it often times isn’t kept. The standard excuses are videos are lost, breath samples are not preserved, equipment is broken, or none of the officers remembered to turn on their video recording device. People that appear sober on a video don't help an officer get a conviction. Unfortunately, many judges and juries are allowing this so-called “Barney Fife” exception to the Constitution. In other words, a police officer isn’t held to the same standards of other witnesses at a trial. Fortunately, there are more good cops than bad cops. There are however, bad cops.In the Jury’s Eyes Why Did This Dram Shop Claim Fail?
Juries do odd things especially in small counties where the local tavern seems to have greater importance as a social meeting place. In this instance in my opinion the jury missed the issue or allowed themselves to be sidetracked with a foolish argument that fails to set a viable community standard for acceptable conduct. After all a drunken state, isn't supposed to be a community standard.How do the police measure the level of alcohol in your body? ?
What are the different ways that blood alcohol concentration can be measured? Most of the time the officer is going to request that you provide a breath sample, but they may also request blood or urine. There are two different times that an officer may request a breath sample. First, the officer has a hand-held device that can take a breath sample and provide an analysis of blood alcohol content. The problem is that by law this device is not reliable so they will always request that you provide another breath sample at the police station on another machine which is considered to be more reliable than the hand-held device. Don’t be fooled- this device also has problems. Even if a person where to provide a sample each of their breath, blood and urine, all three would have a different alcohol level. There are many factors to determining the level of blood alcohol concentration and the time of vehicle operation. Some states do not allow alcohol measurement through urine because it is so unreliable. In order to obtain more convictions regardless of the reliability of this test, Iowa still allows urine testing. You always have the right to make a reasonable number of phone calls prior to making a decision on whether to provide a sample for testing.
OWI: How do you maintain your silence when they are asking you questions??
An officer has to honor your request to talk to a lawyer and to remain silent. That is your constitutional right. You have the right under the 5th Amendment to not be a witness against yourself, and you have the right under the 6th Amendment to the assistance of counsel. Be prepared however since the officer is not going to take your silence as a friendly gesture. Some officers view silence as an admission of guilt. Many officers view the constitution as an obstruction to justice and some have the view that the “end justifies the means.” Those officers do not care if you’re constitutional rights are violated. They do not like it when people do not respect their authority and refuse to answer their questions. They threaten to file additional charges, such as Interference with Official Acts for refusing to answer their questions. Even if you do not answer their questions and do not take their “tests”, they will still charge you with OWI. If you have decided, either on your own or through the advice of an attorney, to remain silent then you need to stick to your guns. If you initially decide to remain silent, which then draws the officer’s anger, and you decide to talk about your charge, you are then in the worst situation which is making statements about your charge in additional to having an angry cop. Most officers will honor your request and fill out their paperwork as long as you sit quietly. If you do initially indicate that you are going to remain silent, you can not decide to ask questions and expect the officer to talk to you. All of your questions should go to your lawyer, not the officer.
OWI: Why does the officer ask if I've been drinking?
Under Iowa’s OWI law, there are strict requirements that must be met for an officer to eventually charge someone with OWI. There are essentially three stages and before an officer moves from one stage to the next, he must satisfy certain requirements within each stage. To move from one stage to the next, an officer has to have evidence that he is trying to obtain which allows him to proceed on. Most of the evidence is founded upon a determination of reasonable grounds to believe someone is drinking and driving. Keep in mind that it is not illegal to drink and drive. It is illegal to drink and drive drunk. But the law says that any admission that you have been drinking allows the officer to move on to the next stage, in other words he can advance towards an arrest. Some officers, and some people in general, believe that any alcohol consumption should result in an OWI. An officer can ask if you’ve been drinking as soon as he pulls you over, even if he doesn’t smell alcohol or have any other basis for suspecting a drunk driver. When a person admits they have had a drink, they are then going to be subjected to field sobriety testing, and those "tests" are designed for you to fail.
So what is the lesson to be learned and why should you listen to this advice?
The lesson is that there are no casual conversations with a police officer. It's like you hear on television, everything you say can and will be used against you.