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5/4/2009
Todd Miler
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OWI: Why do some charges get dismissed?

What are some of the reasons that OWI charges get dismissed?  In the final analysis, the reason any case gets dismissed is due to a lack of evidence.  This means that either the State doesn’t have enough evidence, or the evidence they obtained was obtained in violation of the law.  Your case should never get to trial if the officer did not do his job correctly.  Most of the time the officer fails in some respect- the question becomes how important was that failure.  The key to most acquittals is that the client gets to a lawyer’s office almost immediately after arrest.  A dismissal is usually due to one or more of the following: an improper stop of the motorist, an improper search of the vehicle, inaccurate breath testing, failure of the government to meet deadlines, violation of constitutional rights such as Miranda, independent witnesses to counter the officer’s testimony, or lack of proper cause to arrest.

 



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



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

Do I have to be present during settlement? Do I have to be with my lawyer when a settlement is made for my personal injury claim? I really do not want to face my neighbors right now. My son was bitten by their dog and they claim that it was my son's fault. I want my solicitor to stick to the amount that I want them to pay me. Can my solicitor make the settlement in my behalf?

Can we sue someone who hit us after a DUI? My pregnant wife was driving the car and a drunk driver hit us and ruined the car. Cops came and gave the guy a DUI. No injuries but I am wondering, am I obligated to a claim because now she is scared to drive or be inside a car.

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?

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