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Expletive to cop leads to Iowa City man facing OWI charge

A hit from the not-too-distant past cautions, "You don't tug on Superman's Cape. You don't spit in the wind. You don't pull the mask of that old Lone Ranger, and you don't mess around with Jim."

As one Iowa City man is learning, those wise words of warning might also include the advice, don't shout an expletive at a constable on patrol. You could wind up under arrest. The man is now facing misdemeanor charges of operating a vehicle while intoxicated and interference with official acts.

While one's first inclination might be to dismiss such charges as relatively minor, they should not be taken lightly. Penalties for convictions of even first-time OWI offenses can mean time in jail and fines of up to $1,250. There may be a stigma attached to just being charged. Restrictions on driving privileges could also make it everyday living hard. Always consult an attorney when faced with any sort of crime charge.

The events that triggered the case we're highlighting reportedly started early last Sunday morning. Police say an officer was parked at the corner of Governor and College streets when someone driving by shouted "(expletive) the police."

Not surprisingly, the officer decided to pursue the matter. Officials say when he attempted to conduct a traffic stop the driver of the car and two other passengers took off on foot. A little while later, officers spotted the driver approaching his home and arrested him.

The official complaint says the 21-year-old suspect was asked if he'd been drinking and he reportedly said "Not since I was driving." Authorities say a breath test indicated his blood alcohol content at that time to be just slightly over the 0.08 percent legal limit.

That last little bit of information prompts other thoughts from a legal perspective. When confronted by police remember that you have a right to remain silent, and to an attorney, before answering questions.

Source: Iowa City Press-Citizen, "Police: Man arrested after yelling at, eluding cop," March 12, 2014 

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IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association


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