State v. Childs

The Supreme Court declined Defendant’s invitation to overturn State v. Comried, 693 N.W. 2d 773 (Iowa 2005), which interpreted the operating while intoxicated (OWI) statute to ban driving a motor vehicle with any detective amount of a prohibited drug in one’s body, regardless of whether the ability to drive was impaired. Defendant, who was charged with OWI after a drug screen detected a non impairing metabolite of marijuana in his urine, moved to dismiss the OWI charge, arguing that Comried is no longer good law. The district court denied Defendant’s motion to dismiss and convicted him. The Supreme Court affirmed Defendant’s conviction and reaffirmed Comried based on the plain meaning of the statutory text, holding that Defendant’s conviction must be upheld because Comried remained good law. View "State v. Childs" on Justia Law

Posted in: Criminal Law

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