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

6/23/2009
Todd Miler
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OWI: Iowa Corn Indy 250 Fans

The Iowa Speedway has been an economic boom for the City of Newton, Iowa.  And here comes the Iowa Corn Indy 250 which will be the boom for the local law enforcement to fill their annual budget.  This means arrests for anyone seen in public who resembles a drinker of alcohol.  Fines will be levied and assessments made for "room and board" for jail sentences.  I expect the arrests will largely be for OWI, which is also known as DUI or drunk driving, interference with official acts, assault on a peace officer, and public intoxication.  Even if you haven't been drinking, officers' reports will indicate a strong smell of alcohol, bloodshot watery eyes and slurred speech- only the names will be changed.  In my experience with these types of events, local law enforcement will have virtually all hands on duty.  Most officers will not have the time or the temperament to properly handle each case, which means that some steps in proper protocol will be overlooked.  To a lawyer, this means that constitutional rights will be violated.
 
The City of
Newton sits on an interstate, I-80.  There are other highways; such has State Highway 14 that leads to Newton.  There will be city police officers, county sheriff's deputies, and state troopers all over.  They won't be concerned about Helio Castroneves, Danica Patrick or Dan Wheldon.  They will have their own competition of sorts on arrests.
 
Any guest visiting our state should know that if arrested you do have a right to call a lawyer or family member in order to secure a lawyer once you arrive at the jail in order to protect your rights.  Otherwise, be responsible and enjoy yourself.  Maybe you'll even get to have a Budweiser in the parking lot.





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

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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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