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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

5/22/2009
Todd Miler
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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 law is the most complicated and therefore misunderstood area of criminal law by both the public and practicing attorneys, which means that justice is often not served due to wrongful convictions and punishment greater than that required by law.  Attorney Todd Miler has represented persons accused of Operating While Intoxicated in Iowa since 1997.  Miler Law Firm has been located in West Des Moines since 1999.  Through the dissemination of information, Todd Miler is attempting to help the public better understand their legal rights.  You may call Todd Miler directly (515-457-9843) if you have questions about Iowa‘s criminal law. 

Email: milerlaw@msn.com




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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

What can I do if I am caught driving without a license again?  I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Can I sue the drunk driver that caused me neck and back pain? I was rear ended by a drunk driver in November 2010. His insurance company outsourced the claim to a company that specializes in these sort of cases. I got a little money from his insurance, but not enough to cover all of my loss and expenses. Is it too late to sue? Would it even be worth it? I took the ambulance ride to the hospital to get checked out. They didn't find anything wrong. A couple of days later I had significant neck and back pain, saw a chiropractor. I still have neck and back pain that I did not have before the accident. I was a delivery driver on a delivery. I was unable to deliver after the accident.

Can a child of the drunk driver who is killed collect insurance?

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