OWI in Iowa

[jmpod]

I was driving my friend's car one night after the bar. The vehicle was my friend's and he already has two OWI's. I was driving on the interstate and took an exit too sharply and ended up rolling the vehicle on it's side in the ditch. My friend and I were not hurt. When we were trying to get out of the vehicle, an onlooker came down the ditch to help us. He called the police and the state patrol men showed up on the scene. They took my friend one way out of the vehicle and brought me to the other. I tested above the limit on the scene. It was snowing out that night, so they brought me back to the station to give me the sobriety tests. I took the sobriety tests, and then took the data master test and blew above the legal limit. I was questioned a couple of times why I was driving the vehicle rather then my friend who owned the vehicle. There were no witnesses to the accident. I was very apologetic through the situation. I was then so cooperative that the state patrol man gave me a ride home. The apologetic and cooperativeness is stated in the police report. I am also a diabetic. I contacted an OWI attorney and we have had the telephone hearing and have the court case on Friday. I have not spoken to my attorney since the telephone hearing. He said that he is going to pull the tapes to check the conversaiton, and see if there are any loop holes in the police report. From what I have stated here; Is there any chance I may have a case?

[Mr. Knowitall]

You haven't stated any strong defenses that I can see in the facts you have posted, but keep this in mind: In most states, the strongest defenses to a drunk driving charge are very technical in nature, involving failure to provide proper notice of rights as required by law, failure to maintain (or properly keep maintenance records) for the breath testing device, failure to follow required observation periods of a suspect before administering a test, etc. So there may be something that a lawyer could find and work with that is in no way obvious from the overall facts of your case.

[jmpod]

I have another question pertaining to this case. I was supposed to have my motion to suppression last Friday, but the court house informed me that the state patrolman was out of town and they had to reschedule. So my case is still going for an OWI that happened back in February. I honestly thought this case would be done by now. I am moving to MN in a couple weeks. I was wondering if the situation changes beings I will be in MN rather then in IA where I was charged? Do abide by the MN DOT laws or abide by the IA DOT laws?

[aaron]

You will need to resolve the charges and licensure issues in the state where the charges were filed, and where you are presently licensed. If you get a suspension in Iowa for a drunk driving conviction, you can expect that Minnesota would also suspend any new license you obtain.