January 28, 2012

Supreme Court upholds ruling in Estherville u-turn drunk driving case

The Iowa Supreme Court has upheld a lower court ruling that threw out evidence in an Estherville woman’s drunk driving conviction. A Estherville police officer saw a car making a u-turn on Central Avenue just before one A.M. on May 25th of 2008.

The officer pulled over the car as Estherville has an ordinance that prohibits u-turns on that street. The officer suspected the driver of the car, Donna Louwrens, was drunk and she did fail an alcohol breath test. Louwrens asked that the breath test be thrown out as she said the officer had no probable cause to stop her car.

Her defense stated that state law requires cities to post signs indicating that u-turns are prohibited before the ordinance can take effect and there were no such signs in Estherville. The district court ruled it was a mistake of law and could not provide probable cause for the traffic stop and agreed to Louwrens’ motion to suppress the breath test.

The Iowa Supreme Court ruling said the court record provided no testimony from the officer to show the issue was anything but a mistake of law and said such a mistake could not be used as probable cause for the traffic stop.

Winter weather advisory in effect for several counties

Freezing rain is falling on many parts of the state.

Iowans heading to northern parts of the state on this busy travel day may encounter foul, frigid weather.

Meteorologist Craig Cogil, with the National Weather Service, says some 32 Iowa counties are under an advisory through midnight tonight.

The Winter Weather Advisory covers much of the northern third of the state, with the forecast calling for freezing rain developing during the morning and continuing into the afternoon.

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K9 sniffs out marijuana in “wedding gifts” during traffic stop

Authorities in southwest Iowa this week arrested a motorist after a K9 sniffed out drugs in a couple of gift wrapped boxes.

Pottawattamie County Sheriff Jeff Danker says deputies stopped 51-year-old Robin Klein of Portland, Oregon for speeding on Interstate 80 Sunday afternoon. “A search was eventually made and they located two packages that were wrapped, supposedly wedding gifts, but they contained marijuana,” Danker said. “The dog actually indicated on the trunk of the vehicle and when it was opened, there was a very strong smell of marijuana.”

The packages were wrapped with bows. More marijuana was found in a garment bag, along with $6,500 in cash. “There was about 65 pounds of what we believe is high grade marijuana,” Danker said. Klein was charged with possession of marijuana with intent to deliver. She was released on bond Monday.

Drugs found inside boxes wrapped as wedding gifts.

Iowa State and Drake have games tonight

The Iowa State Cyclones try to stay unbeaten, tonight, with a game at home against Kennesaw State. The Owls have lost three games but they do own an early season victory over Georgia Tech.

Iowa State coach Fred Hoiberg says the Owls have some “big time” athletes who are tall and it is a tough team to prepare for. He says they will try to push the tempo and transition defense will be huge. Hoiberg says they will have to be selective in when they shoot early shots.

The Drake Bulldogs take on Southern Utah this evening in the opening round of the Great Alaska shootout. The Bulldogs are 1-1 on the season while Southern Utah is 1-2 after a home loss to Utah State.

Drake coach Mark Phelps says they have size and experience and they play well together and are well coached. Win or lose the Bulldogs won’t play again until Friday and Phelps likes the schedule. He says it’s good to have a day off on Thanksgiving and have a meal together.

Thanksgiving among the deadliest driving holidays

New Year’s Eve has the reputation in Iowa for being a dangerous night on the road due to drunk drivers, but a study finds tonight, the night before Thanksgiving, is also among the very deadliest nights to be out. Jake Nelson, director of Traffic Safety Advocacy and Research at Triple-A, says the 4th of July actually has the highest number of alcohol-related traffic deaths.

“But in terms of the most popular bar night, it is this night before Thanksgiving,” Nelson says. “Before the family commitments begin, folks are back in their hometown and they have a chance to visit with old friends from childhood, that type of thing. Folks tend to go out to the bar or to involve alcohol in some way in those celebratory activities.” Nelson is urging Iowans to offer their support for a culture of zero tolerance for impaired driving.

“We’re asking folks to go to TakeThePledge.AAA.com  and to sign a quick and easy online pledge to drive only while drug- and alcohol-free this holiday season,” Nelson says, “but especially all year long.” During this week and throughout the year, for that matter, Nelson offers some tips to stay safe and keep others safe on the roads.

“Never get behind the wheel of a car if you’ve been drinking alcohol and that means even after just one drink,” Nelson says. “Never ride in a car with somebody who you suspect has been drinking or drugging, either. Instead, take a few minutes in advance, to plan ahead for a sober ride before any holiday celebration begins. Never, ever hesitate to take the keys from friends or family who you think might be impaired.”

He says to be a real friend, call a taxi for those in need. Also, he says a responsible host will offer guests alcohol-free beverages. December is National Drunk and Drugged Driving Prevention Month, which Nelson says is an opportunity for motorists to make wise decisions and take actions that will prevent needless tragedies that could forever impact their lives.

One person dead in Fremont County accident

One-person was killed and another injured Tuesday during a collision between a pickup truck and a semi in southwest Iowa’s Fremont County. The driver of the pickup died at the scene of the crash along Highway 2, just west of the intersection with Highway 59.

The Iowa State Patrol says a 1994 GMC pickup was traveling east on Highway Two at around 3:50 P.M., when it crossed the center line and hit a 2009 Freightliner semi head-on. Following the crash, the pickup came to rest partially on the south shoulder of the highway in the eastbound lane, and burst into flames.

The cab of the semi came to rest in the south ditch, while the trailer remained partially on the south shoulder and on the eastbound lane of traffic. The driver of the semi was transported to the Shenandoah Hospital for treatment of possible injuries. The names of the drivers have not been released. Officials say the semi is registered to Werner Enterprises, out of Omaha.

By Ric Hanson, KJAN, Atlantic

Antlerless deer licenses are available for weekend hunt

Licenses are available for a special antlerless deer hunt Friday through Sunday in 50 counties. State deer biologist, Tom Litchfield, says the special season was started in an attempt to control the deer populations in those counties. He says you can purchase as many antlerless licenses that you want and the numbers issued in each county are based on the antlerless quotas for each county.

The hunts are allowed only on private land. Litchfield says parts of central, southern and west central Iowa are the areas where the deer herd needs the most thinning. Litchfield says last year hunters took about three-thousand deer, which was down from previous years. But he says as the counties hit their quotas the need for the hunt drops and it will eventually no longer be needed.

Litchfield says the state isn’t far away from hitting its deer population goals. Litchfield says if the state maintains its current rate of harvest, then the state would hit is goal within two years. Litchfield says the plan is for more and more counties to hit their goals and then they drop out of the hunt. You can get an antlerless license at any outlet that sells regular hunting licenses. Litchfield says the state sold 10,000 licenses for the hunt last year.

The antlerless season is open in the following counties: Woodbury, Monona, Harrison, Pottawattamie, Mills, Fremont, Page, Montgomery, Cass, Adams, Taylor, Ringgold, Union, Adair, Guthrie, Dallas, Madison, Clarke, Decatur, Wayne, Lucas, Warren, Polk, Jasper, Marion, Monroe, Appanoose, Davis, Wapello, Mahaska, Keokuk, Jefferson, Van Buren, Lee, Henry, Des Moines, Louisa, Washington, Winneshiek, Fayette, Allamakee, and Clayton.