Mason Successfully Defends Iowa Supreme Court Case

Andrea MasonLane & Waterman attorney Andrea Mason successfully defended an Iowa Supreme Court case Friday, which involved an issue of first impression: under what circumstances the state can request a defendant pay “emergency response” restitution pursuant to Iowa Code Section 321J.2(13)(b) in an operating while intoxicated case.  Andrea’s client was pulled over for traffic violations and eventually arrested for operating while intoxicated.  The State requested the client pay “victim restitution” in the amount of $317 to the City of Davenport for the costs of the officers as well as the costs of their squad cars.  The District Court, which was affirmed by the Iowa Supreme Court, ruled there was no “emergency response” as defined by the Iowa Code and therefore recovery of the costs of the routine law enforcement activities involved in this case could not be had.