If you're looking for a good criminal defense attorney to explore your best options in a Cedar Rapids, Iowa, DUI or criminal case, put us on your list. David Cmelik has over 19 years of criminal law experience involving over 4,250 Iowa state law criminal offenses ranging from simple assault to double homicide. David Cmelik's professional successes include Iowa jury acquittals in vehicular homicide, assault with a dangerous weapon, and OWI.
He has obtained judgments of acquittal in jury trials for possession with intent to deliver and delivery of controlled substance. In addition, David has jury trial experience in first degree murder, armed bank robbery, and embezzlement. David attained his J.D. from the University of Iowa College of Law in 2001. He obtained his Bachelor of Arts from Iowa State University where he was also student body vice president and chairman of the student government senate.
He and his family live in Cedar Rapids. This is not a general practice firm nor is it a split practice in any way.
He has obtained judgments of acquittal in jury trials for possession with intent to deliver and delivery of controlled substance. In addition, David has jury trial experience in first degree murder, armed bank robbery, and embezzlement. David attained his J.D. from the University of Iowa College of Law in 2001. He obtained his Bachelor of Arts from Iowa State University where he was also student body vice president and chairman of the student government senate.
He and his family live in Cedar Rapids. This is not a general practice firm nor is it a split practice in any way.
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Make your own decision as to whether a gung-ho beginner or a seasoned, experienced DUI lawyer is best for you.
Sometimes passion can outpace experience.
But most people want an criminal defense attorney who has been doing this a while.
The firm principal, David Cmelik, has been practicing since 2002 with over 4,250 criminal cases completed.
In the end, it's your decision and you should make an informed decision as a legal consumer.
Those seeking an attorney to handle a drunk driving case (OWI, sometimes referred to as DUI or DWI in other States) or other criminal matter often start with a web search.
Sometimes passion can outpace experience.
But most people want an criminal defense attorney who has been doing this a while.
The firm principal, David Cmelik, has been practicing since 2002 with over 4,250 criminal cases completed.
In the end, it's your decision and you should make an informed decision as a legal consumer.
Those seeking an attorney to handle a drunk driving case (OWI, sometimes referred to as DUI or DWI in other States) or other criminal matter often start with a web search.
Under Iowa law, a law enforcement officer is authorized to request a bodily specimen-including breath, urine, and blood-if he or she has reasonable grounds to believe that a motorist is under the influence.
However, compliance with that request is not mandatory.
That's because a request for your breath is considered a search of your person.
Searches under the Fourth Amendment to the Constitution of the United States, as well as under the Iowa Constitution, require warrants and are per se unreasonable-unless they meet one of a number of narrowly tailored exceptions to the warrant requirement.
However, compliance with that request is not mandatory.
That's because a request for your breath is considered a search of your person.
Searches under the Fourth Amendment to the Constitution of the United States, as well as under the Iowa Constitution, require warrants and are per se unreasonable-unless they meet one of a number of narrowly tailored exceptions to the warrant requirement.
If you're reading this, you likely have been arrested for Operating While Intoxicated, or, OWI, in Cedar Rapids or other Iowa community.
This is Iowa's DUI law.
As part of its OWI investigation, law enforcement likely requested a bodily specimen-often breath-via the evidentiary Datamaster DMT.
In Iowa, the DMT is the admissible "breathalyzer" to use a generic term.
Other portable breath screening tools-almost a dozen-can be used on the roadside, but they can't be used as evidence in jury trials.
This is Iowa's DUI law.
As part of its OWI investigation, law enforcement likely requested a bodily specimen-often breath-via the evidentiary Datamaster DMT.
In Iowa, the DMT is the admissible "breathalyzer" to use a generic term.
Other portable breath screening tools-almost a dozen-can be used on the roadside, but they can't be used as evidence in jury trials.
In Iowa, you can actually violate the state's drunk driving law, called Operating While Intoxicated or, alternatively, Operating While Under the Influence, OWI, by being under the influence, or, impaired by, a drug or a combination of drugs and alcohol.
This includes having any amount of THC, the psychoactive ingredient in marijuana, in your blood or urine.
You may only assert a prescription drug defense if you have a valid prescription for the drug in question and you use it according to your physician's instructions.
This includes having any amount of THC, the psychoactive ingredient in marijuana, in your blood or urine.
You may only assert a prescription drug defense if you have a valid prescription for the drug in question and you use it according to your physician's instructions.
Cedar Rapids Criminal Lawyer: What is operation in an Iowa Operating While Intoxicated prosecution?.
Clients and potential clients ask me whether the State of Iowa can prosecute them for a "DUI" in a parked car.
Because most people have heard of "drunk driving" or DUI, they assume that driving is a necessary element of Iowa's operating while intoxicated statute.
It really isn't.
In Iowa, OWI stands for Operating While Intoxicated or Operating While Under the Influence in violation of Iowa Code § 321J.2.
Clients and potential clients ask me whether the State of Iowa can prosecute them for a "DUI" in a parked car.
Because most people have heard of "drunk driving" or DUI, they assume that driving is a necessary element of Iowa's operating while intoxicated statute.
It really isn't.
In Iowa, OWI stands for Operating While Intoxicated or Operating While Under the Influence in violation of Iowa Code § 321J.2.
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