Felony OWI Dimissmed
Johnson OWCR140904
Attorney Thomas Farnsworth represented a client accused of operating a vehicle while intoxicated due to drugged driving. His client underwent a drug recognition examination and provided a urine sample, which tested positive for amphetamines. However, after consultation Mr. Farnsworth believed the amphetamines may have legally been in his client's system system as they were prescribed as Adderall.
Under Iowa law, an affirmative defense, commonly known as the "prescription drug defense," applies in such cases. Mr. Farnsworth located a peer-reviewed research paper and obtained a letter from his client's treating physician, both supporting this defense. The skilled prosecutor agreed that this evidence substantiated the affirmative defense, resulting in a dismissal of the case. While this resolution took nine months to reach the outcome allowed Mr. Farnsworth’s client to avoid trial and a potential six-year bar on her license.
Operating While Intoxicated Reduced to Public Intoxication
Jones OWCR005947
Attorney Thomas Farnsworth's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos and plea negotiations with the State, Mr. Farnsworth filed a Motion in Limine and was able to throw out the breath test evidence. The OWI charge was reduced to a Public Intoxication and the client's license was rescinded. A Public Intoxication is a simple misdemeanor and may be expunged from his client's record in two years.