OWI violation (Iowa) · Go Syfert
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OWI violation in Iowa

13 Iowa opinions name it 2 courts 1986–2020 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
State v. Powersgreen
vt · 2004 · cited in 3 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Similarly, in State v. Powers, the Vermont Supreme Court noted that where an OWI defendant’s conversations were recorded, such a recording violated his statutory right to meaningful consultation with an attorney. 852 A.2d 605, 610 (Vt. 2004).

2016Similarly, in State v. Powers, the Vermont Supreme Court noted that where an OWI defendant’s conversations were recorded, such a recording violated his statutory right to meaningful consultation with an attorney. 176 Vt. 444 , 852 A.2d 605, 610 (2004).

33
People v. Allengreen
illappct · 2012 · cited in 1 Iowa opinions naming this issue, 2017–2017
2 sentences

2017In People v. Allen, the court ruled that the phrase “proximately caused any incident” meant the OWI violation had to be separate from the “incident.” See 365 Ill.Dec. 187 , 977 N.E.2d 1286,1289-90 (2012).

2017In People v. Allen, the court ruled that the phrase “proximately caused any incident” meant the OWI violation had to be separate from the “incident.” See 365 Ill.Dec. 187 , 977 N.E.2d 1286,1289-90 (2012).

11
State v. Murphygreen
iowa · 1990 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See State v. Smith, 522 N.W.2d 591, 594 (Iowa 1994) (allowing opinion testimony on one element of the crime); State v. Ely, 690 N.W.2d 698 (Iowa Ct. App. 2004) (allowing opinion testimony defendant was pictured in ATM photographs at time thefts occurred); compare State v. Murphy, 451 N.W.2d 154, 156 (Iowa 1990) (allowing opinion testimony that OWI defendant was intoxicated) with State v. Maurer, 409 N.W.2d 196, 198 (Iowa Ct. App. 1987) (finding testimony that beyond all reasonable doubt defendant operated a motor vehicle on a public highway while intoxicated was inadmissible).

11
State v. Smithgreen
iowa · 1994 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See State v. Smith, 522 N.W.2d 591, 594 (Iowa 1994) (allowing opinion testimony on one element of the crime); State v. Ely, 690 N.W.2d 698 (Iowa Ct. App. 2004) (allowing opinion testimony defendant was pictured in ATM photographs at time thefts occurred); compare State v. Murphy, 451 N.W.2d 154, 156 (Iowa 1990) (allowing opinion testimony that OWI defendant was intoxicated) with State v. Maurer, 409 N.W.2d 196, 198 (Iowa Ct. App. 1987) (finding testimony that beyond all reasonable doubt defendant operated a motor vehicle on a public highway while intoxicated was inadmissible).

11
State v. Maurergreen
iowactapp · 1987 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See State v. Smith, 522 N.W.2d 591, 594 (Iowa 1994) (allowing opinion testimony on one element of the crime); State v. Ely, 690 N.W.2d 698 (Iowa Ct. App. 2004) (allowing opinion testimony defendant was pictured in ATM photographs at time thefts occurred); compare State v. Murphy, 451 N.W.2d 154, 156 (Iowa 1990) (allowing opinion testimony that OWI defendant was intoxicated) with State v. Maurer, 409 N.W.2d 196, 198 (Iowa Ct. App. 1987) (finding testimony that beyond all reasonable doubt defendant operated a motor vehicle on a public highway while intoxicated was inadmissible).

11
State v. Knousgreen
iowa · 1981 · cited in 1 Iowa opinions naming this issue, 2008–2008
1 sentence

2008State v. Knous, 313 N.W.2d 510, 512 (Iowa 1981); see Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (holding taking a blood sample against the OWI defendant’s objection did not violate the Fourth or Fifth Amendments of the United States Constitution).

11
Schmerber v. Californiagreen
scotus · 1966 · cited in 1 Iowa opinions naming this issue, 2008–2008
2 sentences

2008State v. Knous, 313 N.W.2d 510, 512 (Iowa 1981); see Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (holding taking a blood sample against the OWI defendant’s objection did not violate the Fourth or Fifth Amendments of the United States Constitution).

2008State v. Knous, 313 N.W.2d 510, 512 (Iowa 1981); see Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (holding taking a blood sample against the OWI defendant’s objection did not violate the Fourth or Fifth Amendments of the United States Constitution).

11
State v. Schultzgreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2001–2001
2 sentences

2001In State v. Schultz, we held that, when a prior OWI violation is used to enhance the punishment for an OWI offense, the prior violation is not an element of the crime charged. 604 N.W.2d 60, 62 (Iowa 1999).

2001In State v. Schultz, we held that, when a prior OWI violation is used to enhance the punishment for an OWI offense, the prior violation is not an element of the crime charged. 604 N.W.2d 60, 62 (Iowa 1999).

11
Molan v. Stategreen
oklacrimapp · 1980 · cited in 1 Iowa opinions naming this issue, 1994–1994
1 sentence

1994See Molan v. State, 614 P.2d 79, 80 (Okla.Crim.App.1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Holmes green
minn · 1997
1 sentence

2020On this record, because the officer could have issued a parking ticket without seizing Warren, trial counsel was ineffective in not moving to suppress evidence discovered during the investigation that followed that initial seizure. 21 As Warren urges on appeal, the Minnesota Supreme Court’s analysis in State v. Holmes is apt. 569 N.W.2d 181 (Minn. 1997).

12020–2020
State of Iowa v. Brian M. Kennedy green
iowa · 2014
2 sentences

2018Id. at 521–22.

2018Id. at 521-22 .

12018–2018
State v. WYNIA neutral
iowactapp · 2004
1 sentence

2014See State v. Smith, 522 N.W.2d 591, 594 (Iowa 1994) (allowing opinion testimony on one element of the crime); State v. Ely, 690 N.W.2d 698 (Iowa Ct. App. 2004) (allowing opinion testimony defendant was pictured in ATM photographs at time thefts occurred); compare State v. Murphy, 451 N.W.2d 154, 156 (Iowa 1990) (allowing opinion testimony that OWI defendant was intoxicated) with State v. Maurer, 409 N.W.2d 196, 198 (Iowa Ct. App. 1987) (finding testimony that beyond all reasonable doubt defendant operated a motor vehicle on a public highway while intoxicated was inadmissible).

12014–2014
State v. Soppe green
iowa · 1985
2 sentences

1999Id. at 652 .

1999Id. at 652 .

11999–1999
State v. Ueding green
iowa · 1987
2 sentences

1989Id.

1989Id.

11989–1989
State v. Barlow green
iowa · 1951
2 sentences

1986The prior offenses referred to in section 321.281 which shall increase the penalty mean “offenses that have been legally ascertained and determined—synonymous with convictions or judgments obtained in prior actions against the defendant for violation of the said statute.” Id., 46 N.W.2d at 728 .

1986The prior offenses referred to in section 321.281 which shall increase the penalty mean “offenses that have been legally ascertained and determined—synonymous with convictions or judgments obtained in prior actions against the defendant for violation of the said statute.” Id., 46 N.W.2d at 728 .

11986–1986

Statutes the citing opinions construe

IA § Iowa Code § 321J.2 (9) IA § Iowa Code § 321J.6 (5) IA § Iowa Code § 321J.9 (4) IA § Iowa Code § 63.6 (3) IA § Iowa Code § 801.4 (3) IA § Iowa Code § 804.20 (3) IA § Iowa Code § 815.10 (3) USC § 18u.s.c.3182 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 16 (1999–2025) IA 13 (1986–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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