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Van Cleaf & McCormack OWI Law Blog: Field Sobriety Tests – Horizontal Gaze Nystagmus (Part 1)
http://iowaowi.blogspot.com/2011/11/field-sobriety-tests-horizontal-gaze.html
Van Cleaf and McCormack OWI Law Blog. Wednesday, November 9, 2011. Field Sobriety Tests – Horizontal Gaze Nystagmus (Part 1). Here’s a term that, for the most part, only OWI lawyers. Police and doctors have ever heard of:. This is the technical term for involuntary jerking of the eyes. There are several types of nystagmus and many different causes. We’re not going to go into all that in this blog (You can click the link in the previous sentence for more info). And his or her defendants:. The officer shou...
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Van Cleaf & McCormack OWI Law Blog: Field Sobriety Tests – Non-Standard Tests
http://iowaowi.blogspot.com/2011/12/field-sobriety-tests-non-standard-tests.html
Van Cleaf and McCormack OWI Law Blog. Tuesday, December 6, 2011. Field Sobriety Tests – Non-Standard Tests. Those who have been following this OWI Lawyer. 8217;s blog’s posts on field sobriety tests. May be wondering why the test where you touch your nose or saying the alphabet backwards weren’t addressed. This is because these tests, despite their prevalence in pop-culture, are not standardized OWI field sobriety tests. And have not been scientifically proven to be effective. While most OWI Lawyers.
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Van Cleaf & McCormack OWI Law Blog: This Should Be Obvious, But...
http://iowaowi.blogspot.com/2011/12/this-should-be-obvious-but.html
Van Cleaf and McCormack OWI Law Blog. Wednesday, December 21, 2011. This Should Be Obvious, But. I feel condescending even having to say this, but it keeps popping up. Not a month goes by that I don’t hear of an instance of this from OWI clients and even other OWI lawyers. So I’m throwing up a blog post praying that people will knock this off. I see this all the time. Amazingly, I even see this in instances where the passenger was drunk too. Lying to police officers is a crime. The lesson here, not to ge...
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Van Cleaf & McCormack OWI Law Blog: July 2011
http://iowaowi.blogspot.com/2011_07_01_archive.html
Van Cleaf and McCormack OWI Law Blog. Thursday, July 28, 2011. A Good Attorney Talks to Their Client, a Great Attorney Listens. One of the common euphemisms for attorneys is “mouthpiece,” and that’s true to a degree. A lot of what an attorney does, be it an OWI attorney. A criminal defense attorney. Or a general practice attorney. Is talking for a client, be it to judges, other attorneys, and to others. In criminal law, one major reason for this is to control what information a client reveals to the State.
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Van Cleaf & McCormack OWI Law Blog: January 2012
http://iowaowi.blogspot.com/2012_01_01_archive.html
Van Cleaf and McCormack OWI Law Blog. Wednesday, January 4, 2012. Prescription Drugs and OWI. Long time readers of this blog might remember that, in our first post, I mentioned that it is possible to be convicted of OWI for having otherwise legal prescription drugs in your system. That is true, but there is an important exception to that all OWI Lawyers. And drivers should be aware of. Iowa Code §321J.2(7). Provides a defense to OWI charges based upon the presence of prescription drugs in the blood.
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Van Cleaf & McCormack OWI Law Blog: Arrested Drivers Have a Right to Meet Privately with Their Attorney
http://iowaowi.blogspot.com/2011/12/arrested-drivers-have-right-to-meet.html
Van Cleaf and McCormack OWI Law Blog. Tuesday, December 13, 2011. Arrested Drivers Have a Right to Meet Privately with Their Attorney. Don’t have a lot of new cases come out of the Iowa Supreme Court. The law on OWI is fairly straightforward, and not a lot of cases get an appeal. That said, when a OWI-related case does come down, it is usually worthy of attention. One such case came down in September, in the form of State of Iowa v. Walker. Which he subsequently failed. State of Iowa v. Walker. Van Cleaf...
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Van Cleaf & McCormack OWI Law Blog: A Note About Breath Testers
http://iowaowi.blogspot.com/2011/07/note-about-breath-testers.html
Van Cleaf and McCormack OWI Law Blog. Thursday, July 21, 2011. A Note About Breath Testers. There are a lot of misconceptions about breath testing in OWI cases. One of the most common is the idea that breathalyzer. Is a universal term for such tests. Is a manufacturer of breath testing machines, but it is not a label for such machines any more than Dell is a label for all computers. Iowa permits only the use of two types of breath testers, both manufactured by Datamaster. This is very inacccurate. They d...
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Van Cleaf & McCormack OWI Law Blog: Field Sobriety Tests – Horizontal Gaze Nystagmus (Part 2)
http://iowaowi.blogspot.com/2011/11/field-sobriety-tests-horizontal-gaze_15.html
Van Cleaf and McCormack OWI Law Blog. Tuesday, November 15, 2011. Field Sobriety Tests – Horizontal Gaze Nystagmus (Part 2). Having read about the Horizontal Gaze Nystagmus test in Part 1. One might think that the test is a good one, and it is, but only when done properly. The problem is that the test is so complicated, that the officer can make any number of mistakes which can reduce the accuracy of the test or make it utterly worthless as a predictor of intoxication. The biggest problem with the nystag...
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Van Cleaf & McCormack OWI Law Blog: Field Sobriety Tests – One-Leg Stand
http://iowaowi.blogspot.com/2011/11/field-sobriety-tests-one-leg-stand.html
Van Cleaf and McCormack OWI Law Blog. Tuesday, November 22, 2011. Field Sobriety Tests – One-Leg Stand. The One-Leg Stand test is a standardized OWI field sobriety test. And is, essentially, what it sounds like. The suspect is asked to stand, feet together, and balance with one foot off the ground for 30 seconds, without using his or her arms to balance or bending his or her legs. There are four clues the officer is looking for, and two or more is a failure:. Putting his or her foot down. The results of ...
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Van Cleaf & McCormack OWI Law Blog: Field Sobriety Tests: Introduction
http://iowaowi.blogspot.com/2011/08/field-sobriety-tests-introduction.html
Van Cleaf and McCormack OWI Law Blog. Tuesday, August 30, 2011. Field Sobriety Tests: Introduction. Our next three posts are a series addressing field sobriety test. We’ll talk about the specifics of the three primarily used tests that officers in the field use:. And one leg stand. Today however, we’ll have a general discussion of field sobriety tests. Field sobriety tests serve one purpose, but what that purpose is depends upon who you ask. This is why the first thing an OWI attorney. While we maintain ...