Notable Cases defended by Criminal Defense Attorneys
J. Dean Keegan and Thomas D. S. Farnsworth
January 2012 - Driver's License Revocation for OWI Overturned
Iowa Dept. of Inspections and Appeals no. 11DOTO3145
Attorney Farnsworth's client in this matter was stopped for speeding and the officer arrested him for Operating While Intoxicated. He was transported to the police station and was then asked to take a breath test. Only after the sample of breath was given was Mr. Farnsworth's client read the implied consent form. Mr. Farnsworth argued that since consent was not given until after his client has already give a breath sample for testing, he could not have made a reasoned and informed decision regarding the test. The Administrative Law Judge agreed and rescinded the license revocation.
January 2012 - Drug Offenses Dismissed
Johnson County FECR092808, Iowa City, Iowa
Defendant was initially charged with Possession of Marijuana and Drug Paraphanelia. The charges stemmed from a search warrant executed on the Defendant's apartment. At the time the warrant was served the Defendant was not home. The Defendant and his roommate were charged with the exact same offenses. Attorney Thomas Farnsworth discovered information which resulted in the State dismissing all charges.
January 2012- Felony drug offense reduced and other offenses dismissed
Johnson County FECR092808, Iowa City, Iowa
Defendant was initially charged with Possession of Marijuana with Intent to Deliver (a felony), Keeping a drug house (aggravated misdemeanor), Possession of Controlled Substance-Psilocybin Mushrooms (serious misdemeanor), Possession of a Controlled Substance-Marijuana (a serious misdemeanor). Days prior to trial Attorney Thomas Farnsworth was able to negotiate a reduction of Possession with Intent to Deliver to an Accommodation Offense (serious misdemeanor). Additionally, Attorney Farnsworth negotiated the dismissal of all other charges.
December, 2011 - OWI amended to Public Intoxication
Linn County No. OWCR094867- Mount Vernon, Iowa
Attorney Thomas Farnsworth's client in this matter was given misleading information about a work permit/temporary drivers license consequences of taking or refusing an alcohol test after his arrest for Operating While Intoxicated. During negotiations with the prosecutor, Mr. Farnsworth cited a recent Iowa case with similar circumstances in which the court rendered an alcohol test inadmissible. The prosecutor agreed to amended the offense to a Public Intoxication as a result of these negotiations.
November, 2011- Alleged test refusal suppressed and OWI amended to simple misdemeanor offense
Jones County No. OWCR005135 - Anamosa, Iowa
The Defendant in this matter was charged with Operating While Intoxicated after being involved in a motor vehicle accident. Officers at the scene of the accident asked the Defendant to submit to a chemical alcohol test and the State alleged that the Defendant refused to provide one. Attorney Thomas Farnsworth, in negotiations with the prosecuting attorney, argued that the Defendant, due to his injuries, was not capable of consenting or refusing. Furthermore, a test of the Defendant's blood drawn at the hospital revealed that the Defendant's blood alcohol level was under .08 within two hours of driving and Attorney Farnsworth argued that this evidence should be admissible. The prosecuting attorney agreed to suppress the allegation that the Defendant refused an alcohol test and agreed to allow the Defendant to enter a plea to a Public Intoxication, an offense on par with a minor traffic offense. Attorney Farnsworth was able to overturn the proposed one year revocation of the Defendant's driver's license.
September 2011 - Case Dismissed after Stop of Defendant's Vehicle Suppressed
Johnson County No. OWCR093082- Iowa City, Iowa
Attorney Keegan's client was stopped by a patrol officer for a malfunctioning plate light and then arrested for Operating While Intoxicated. Mr. Keegan argued that the broken light was not in itself cause to stop his client's vehicle. In addition, he provided videotape evidence from the patrol car that did not support the officer's testimony about when she was when she made her observations about the license plate light. After the stop of the vehicle was thrown out, the case was dismissed.
October 2010 - OWI Stop Rendered Inadmissible
Linn County No. OWCR87943 - Cedar Rapids, Iowa
Attorney Keegan's client was stopped for swerving within her own lane. Mr. Keegan challenged the stop of the vehicle arguing that the officer did not have reasonable suspicion or probable cause to stop her vehicle. The Court agreed and suppressed the stop of the vehicle and any evidence obtained during the traffic stop.
September 2010 - OWI dismissed
Johnson County No. OWCR090631 - Coralville, Iowa
After Attorney Keegan deposed the State's witnesses in this case, the State agreed to dismiss the charges for lack of evidence that Mr. Keegan's client was intoxicated.
August 2010, OWI Second Offense dismissed
Johnson County No. OWCR090087- Iowa City, Iowa
Attorney Keegan's client was charged with an OWI 2 nd offense. The offense used to enhance to a second offense occurred 11 years prior. Mr. Keegan alleged the stop of his client's vehicle was illegally made through a motion to suppress. At the time of the hearing, the prosecutor reviewed the video with Mr. Keegan and agreed to dismiss the offense.
August 2010, OWI blood test rendered inadmissible
Johnson County No. OWCR090017 - Iowa City, Iowa
The State agreed to stipulate that the blood test result taken from Attorney Keegan's client was inadmissible after Mr. Keegan demonstrated that the test did not meet the statutory requirements for a blood draw under Iowa's implied consent statute.
August 2010, Assault Causing Bodily Injury dismissed
Johnson County No. SRCR090530 - Iowa City, Iowa
Attorney Farnsworth challenged the prosecution of this case citing to the State's failure to file the charges against his client in a timely manner as described by the Iowa Rules of Criminal Procedure. The charges against his client were dismissed.
August 2010, overturned license revocation for OWI
Iowa Dept. of Inspection and Appeals Docket No.10DOTOW1472 - Iowa City, Iowa
Attorney Farnsworth successfully challenged a one year revocation of his client's driver's license based on an alleged refusal to submit a urine sample. Mr. Farnsworth successfully argued that the officer's refusal to allow his client to speak with a family member waiting at the station prior to the test constituted a violation of his client's rights and the revocation was rescinded.
May 2010, Driving While Revoked amended to No Valid Driver's License
Iowa County No. SRCR009996 - Marengo, Iowa
Attorney Keegan's client was charged with Driving While Revoked while operating a riding lawn mower. Mr. Keegan argued that the stop had clearly been outside the intent of Iowa's OWI law (Iowa Code Section 321J.2). After negotiations involving the Iowa County Attorney and the Iowa County Sheriff the State agreed to amend the offense to No Valid Driver's License, a simple misdemeanor traffic offense which, importantly, will trigger no additional driver's license sanctions for the Defendant.
May 2010, Operating While Intoxicated reduced to Public Intoxication
Johnson County No. OWCR086053 - Iowa City, Iowa
Attorney Farnsworth's client, charged with Operating While Intoxicated, was prepared to take his case to trial. Mr. Farnsworth had called an expert witness to trial to testify. On the Friday prior to trial, the State offered to settle the case for a plea to the simple misdemeanor offense of Public Intoxication.
February 2010, stop rendered inadmissible, First Offense OWI
Johnson County No.OWCR086105-Iowa City, Iowa
Attorney Keegan's client was stopped for striking the curb and weaving in his lane. Mr. Keegan challenged the stop of the vehicle and submitted the squad car video into evidence. The Court, after reviewing the video in this matter, suppressed the stop of the vehicle and any evidence that flowed from that stop.
January 2010, Third Offense (felony) OWI and Driving While Revoked - Dismissed
Johnson County Case No. OWCR086568 - Iowa City, Iowa
Attorney Keegan successfully challenged the stop of his client's vehicle and as a result a felony OWI and Driving While Revoked were dismissed.
September 2009, Third Offense (felony) OWI Acquittal
Johnson County No. OWCR083868- Iowa City, Iowa
Attorney Dean Keegan's client was acquitted after a jury trial in which Mr. Keegan called an expert witness who, after analyzing the audio of the squad car video, showed that the Defendant's car was not running when he was approached by the officers. The jury acquitted the Defendant.
April 2009, Second Offense OWI Dismissed
Muscatine County No. OWCR040280 - Muscatine, Iowa
After Attorney Dean Keegan scheduled the deposition of the State's expert witness in this case, he learned that the breath test was inappropriately administered by the arresting officer. The State dismissed the offense outright and agreed that the breath test result should be inadmissible so the Defendant would not face the proposed one year administrative revocation of her driver's license.
March 2009, OWI Driver's License Revocation Overturned
Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW4036
Attorney Dean Keegan's client faced a year long administrative revocation for OWI test failure. He successfully challenged the revocation on the basis that the officer failed to offer the test to his client within the two hour requirement.
March 2009, Zero Tolerance Driver's License Revocation Overturned
Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW3937
Attorney J. Dean Keegan successfully challenged a "Zero Tolerance" license revocation on the basis that the officer had failed to allow the driver to contact a family member or attorney for legal advice before submitting to the test.
January 2009, Vehicular Homicide Dismissed
Muscatine County No. FECR03718 - Muscatine,Iowa
If convicted of the vehicular homicide while intoxicated, as alleged in this case, the Defendant would have faced the possibility of a 25 year prison sentence, 17 years of which would have to be served before he would be eligible for parole. Following the depositions of the investigating officer and consultation with an accident reconstruction expert, Attorneys J. Dean Keegan and Jerry Kinnamon negotiated the dismissal of Vehicular Homicide as part of a plea in which the Defendant entered a plea to the lesser offenses of Driving While Revoked and Leaving the Scene of a Fatality Accident. The Defendant was ultimately sentenced to serve six months in jail with work release and a three year probationary period.
January 2009, OWI Dismissed
Johnson County No. OWCR083001 - Iowa City, Iowa
Attorney J. Dean Keegan alleged that the Defendant's rights to contact a lawyer or family member may have been violated after his arrest. He requested video of the breath test from the arresting officer to support his allegation. When the officer failed to produce the video evidence in response written requests, a subpoena, and a Motion to Compel, the State conceded the issue and dismissed the offense.
December 2008, Third Offense OWI (felony) Reduced to Simple Misdemeanor and License Revocation Overturned
Johnson County No. OWCR084261 - Iowa City, Iowa
Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW2471
The Defendant in this case was approached by officers while in his car. The radio was on but the engine was not running. Attorney Thomas D. S. Farnsworth challenged the OWI on the basis that the Defendant was not operating the vehicle. He negotiated an agreement in which Defendant entered a plea to a simple misdemeanor, Public Intoxication. Using the same argument, the two year administrative driver's license revocation for OWI test refusal was overturned and the Defendant was not subject to a driver's license revocation of any kind in connection with this case.
May 2008, Assault Causing Bodily Injury Dismissed
Johnson County No. SRCR 080565- Iowa City, Iowa
The Defendant in this case was charged with assault causing bodily injury. The charged stemmed from a typical "she said/he said" situation. Thomas D.S. Farnsworth successfully impugned the credibility of the State's witness and also located additional witness which the State could not produce. The State dismissed and stating "The Defense located a witness who was present during the time of the alleged assault... The State acknowledges that her testimony could create reasonable doubt as to the guilt of the defendant."
April 2008, Illegal Hunting
Louisa County, No SMSM031446-8- Wapello, Iowa
Acquittal at jury trial of a defendant accused hunting with an illegal high powered rifle, hunting without a license, and hunting without deer tags. The acquittal resulted in the return of all of the property seized from the Defendant. Tried by Attorney Thomas D. S. Farnsworth
April 2008, OWI, Acquittal at Jury Trial
Johnson County No. OWCR080952 - Iowa City, Iowa
Acquittal at jury trial of a defendant accused of Operating While Intoxicated who refused a breath alcohol test. Tried by Attorney Thomas D. S. Farnsworth.
April 2008, Felony Criminal Mischief amended to Simple Misdemeanor Trespass
Poweshiek County No. FECR 009832 - Montezuma, Iowa
Attorney Thomas D.S. Farnsworth successfully negotiated a felony criminal mischief charge which carried a maximum term of incarceration of five years down to a simple misdemeanor trespass charge, the same level of offense as a routine traffic citation. The State alleged that Defendant operated a motor vehicle after a night of drinking that caused nearly $2500.00 in property damage. At the conclusion of depositions Thomas D.S. Farnsworth demonstrated to the State that their witness was too intoxicated to identify his client as the driver.
November 2007, OWI Dismissed
Johnson County No. OWCR079580- Iowa City, Iowa
Attorney Thomas D.S. Farnsworth filed a motion to suppress the probable grounds of the stop of defendant's vehicle. The State argued that the police had probable grounds to stop the Defendant's vehicle because his headlights were off. Attorney Thomas D.S. Farnsworth discovered through the officer's squad car video that the lights were indeed on. Attorney Thomas D.S. Farnsworth hired an expert who provided testimony in favor of the Defendant. The case was dismissed despite Defendants blood alcohol concentration (BAC) of .097.
October 2007, OWI, Acquittal at Jury Trial
Johnson County No. OWCR077717- Iowa City, Iowa
Acquittal at jury trial of a defendant accused of Operating While Intoxicated who refused a breath alcohol test. Tried by Attorney J, Dean Keegan.
March 2003, OWI, Challenged the Use of the Datamaster Breath Testing Device in Iowa
State v. Hornik, Segura, et. al. Iowa City, Johnson County, Iowa
When the state of Iowa established that the Datamaster breath testing machine could be used to test subjects being investigated for OWI, it failed to establish a protocol for its proper use. Attorney J. Dean Keegan, in conjunction with the Johnson County Public Defender's Office, mounted a challenge to the use of the machine based on the lack of uniform instructions for its operation. A ruling issued by the Johnson County District Court in response to the Motion to Suppress filed by Attorney Keegan and the Public Defender rendered any breath test result from the Datamaster machine instrument inadmissible as evidence. Even though ultimately overturned by the Iowa Supreme Court, this ruling led criminal defense attorneys across the State of Iowa to mount challenges to the legitimacy of breath tests in OWI cases and forced the state of Iowa to adopt an emergency rule to ensure that officers were using the instrument correctly and uniformly.
February 2003, Embezzlement Investigation Results in No Criminal Charges Filed
Cedar Rapids, Linn County, Iowa
An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.
December 2002, Vehicular Homicide- Suppression of Blood Sample Drawn Without the Defendant's Consent
Johnson County No. FECR058630- Iowa City, Iowa
Attorneys J. Dean Keegan and Jerald W. Kinnamon successfully challenged the withdrawal of blood from a Defendant without his permission after a rollover accident in which a passenger in the vehicle was killed.
April 1996, OWI, Drug-Related- Challenged DRE Protocols
Johnson County No. OWCR039210, Iowa City,Iowa
Attorney J. Dean Keegan conducted a three-day long suppression hearing which presented the first challenge to the "Drug Recognition Protocols" used in Iowa.
If you've been charged with a criminal offense in Iowa call 319-887-6900 or e-mail us to schedule your free initial consultation. Our office hours are Monday through Friday from 8:30-5:30. We accept Visa, MasterCard and Discover Card.
J. Dean Keegan, Attorney at Law
Iowa City Office
103 East College Street
Suite 312
Iowa City, IA 52240
Telephone: 319-887-6900 | Fax: 319-688-2754
Map and Directions to Iowa City Office
Cedar Rapids Office
425 2nd St. SE
Suite 1250
Cedar Rapids IA 52406
Telephone: 319-364-6000 | Fax: 319-688-2754
Map and Directions to Cedar Rapids office
