Rock Falls is in the extreme NW corner of IA, it borders MN and SD. The nearest big city is Sioux Falls SD.

https://www.keloland.com/news/...or-owi-and-speeding/

13-year-old cited for OWI and speeding

by: KCAU
Posted: Jul 21, 2019 / 03:25 PM CDT / Updated: Jul 21, 2019 / 05:42 PM CDT

ROCK RAPIDS, Iowa — A 13-year-old juvenile was cited during a traffic stop for OWI and speeding in northwest Iowa.

On Saturday, July 20, the Lyon County Sheriff’s Office tried to stop a vehicle for speeding near the intersection of Highway 9 and K40 . The driver of the vehicle did not stop until the vehicle was at Highway 9 and Dogwood Avenue, near Lester, Iowa.

According to authorities, the deputy identified the driver as a 13-year-old juvenile. Later into the investigation, it was determined that the 13-year-old juvenile was under the influence of alcohol. The juvenile was “cited for possession of alcohol under legal age, speeding (77 mph in 55 mph zone), failure to yield to an emergency vehicle, and no valid driver’s license.”

The authorities also arrested Manuel DeJesus Garcia Garcia, 34, Jose Garcia, 36, Olga Marina Martinez, 24, all of Rock Rapids. They also cited another juvenile.

Manuel DeJesus Garcia Garcia and Jose Garcia were charged with contributing to the delinquency of a minor, open container and permitting unauthorized person to drive, all simple misdemeanors, according to the authorities.

Martinez was charged with contributing to the delinquency of a minor and permitting unauthorized person to drive, both simple misdemeanors, according to the Lyon County Sheriff’s Office.

The authorities also said they cited another juvenile for possession of alcohol under legal age.

All three adults are being held at the Lyon County Jail.

quote:

The authorities also arrested Manuel DeJesus Garcia Garcia, 34, Jose Garcia, 36, Olga Marina Martinez, 24, all of Rock Rapids. They also cited another juvenile.

The juveniles are not named because they are juveniles.... but I wonder if ANY of them are here legally.

OWI? I've never heard that used before. Is it new to replace DWI/DUI, or is that just a midwest thing?

quote:

Originally posted by Balzé Halzé:
OWI? I've never heard that used before. Is it new to replace DWI/DUI, or is that just a midwest thing?

I had to googlefu it as well....


The Difference Between An OWI And A DUI
While both operating a vehicle while intoxicated (OWI) and driving under the influence (DUI) refer to a person behind the wheel while impaired by alcohol or drugs, they are seen as very different charges in court.

These differences include:

An OWI means that the defendant has been tested at the scene and found to have a blood alcohol content much higher than the threshold for a DUI charge.

An OWI is a much more severe criminal charge than a DUI.

An OWI charge can be lowered, with the right legal representation and case, into a DUI.

quote:

Originally posted by Balzé Halzé:
OWI? I've never heard that used before. Is it new to replace DWI/DUI, or is that just a midwest thing?

In MO it's called DWI. I'd never heard of OWI.

It appears that the media used OWI on their own, as the official press release does not use any terms.

http://www.lyoncosheriff.com/press_releases

7/20/2019 ARREST

On 7/20/2019, a Lyon County Deputy conducted a traffic stop for a speed violation near the intersection of IA 9 and K40. The vehicle initially failed to stop until reaching IA 9 and Dogwood Avenue. The driver was identified as a 13 year old juvenile. Further investigation revealed the driver was under the influence of alcohol. The driver was cited for possession of alcohol under legal age, speeding (77 mph in 55 mph zone), failure to yield to an emergency vehicle, and no valid driver's license. Additionally, the following people were charged:

Manuel DeJesus Garcia Garcia, 34, of Rock Valley was charged with Contributing to the Deliquency of a Minor, Open Container, and Permitting Unauthorized Person to drive, all simple misdemeanors.

Jose Garcia, 36, of Rock Valley was charged with Contributing to the Deliquency of a Minor, Open Container, and Permitting Unauthorized Person to drive, all simple misdemeanors.

Olga Marina Martinez, 24, of Rock Valley was charged with Contributing to the Delinquency of a Minor and Permitting Unauthorized Person to drive, both simple misdemeanors.

Additionally, another juvenile was cited for possession of alcohol under legal age.

All of the adults were lodged in the Lyon County Jail. The Sheriff's Office was assisted by Erwin's Towing. (AA)

Bienvenidos a Iowa!

Messed up system. The adults let a drunk 13yo drive and they only get simple misdemeanors.

Why can't they be charged with more serious crimes like some sort of felony reckless endangerment charge?

quote:

Originally posted by Balzé Halzé:
OWI? I've never heard that used before. Is it new to replace DWI/DUI, or is that just a midwest thing?

In Indiana, we call DUI OWI...operating while intoxicated. It's the same thing as DUI in another state...just different verbage. Iowa may be the same. I think the verbage is lawyerese to clarify the difference between "driving on a roadway" vs general operation of the vehicle, as its illegal to operate while intoxicated here both on public and private property.

hey when are we going to see pictures of your trip?

I had an Iowa deputy tell me the other day that he had cited people for OWI on a bicycle and a horse recently.

In Ohio it’s OVI. I have cited a bicyclist for OVI after he caused a crash.

quote:

Originally posted by HRK:

quote:

Originally posted by Balzé Halzé:
OWI? I've never heard that used before. Is it new to replace DWI/DUI, or is that just a midwest thing?

I had to googlefu it as well....


The Difference Between An OWI And A DUI
While both operating a vehicle while intoxicated (OWI) and driving under the influence (DUI) refer to a person behind the wheel while impaired by alcohol or drugs, they are seen as very different charges in court.

These differences include:

An OWI means that the defendant has been tested at the scene and found to have a blood alcohol content much higher than the threshold for a DUI charge.

An OWI is a much more severe criminal charge than a DUI.

An OWI charge can be lowered, with the right legal representation and case, into a DUI.

This is all 100% inaccurate at least as it relates to Iowa.

In Iowa...

A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:

a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.

b. While having an alcohol concentration of .08 or more.

c. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.

See Iowa Code 321J.2(1)

So, tomato tomato to most states' DUI/DWI/OUI/OVI laws.

quote:

Originally posted by bossman:
I had an Iowa deputy tell me the other day that he had cited people for OWI on a bicycle and a horse recently.

No, he didn't. The OWI statute applies only to a motor vehicle (see 321J.2(1) and 321.1(42)). He may have been talking about arresting a person for Public Intoxication (see 123.46), which would apply to a cyclist and I suppose a horseman.

quote:

Originally posted by Strambo:
Messed up system. The adults let a drunk 13yo drive and they only get simple misdemeanors.

Why can't they be charged with more serious crimes like some sort of felony reckless endangerment charge?

Nothing is a felony in this state. You read about states "defelonizing", well we're decades ahead of the curve there. We have the lovely "aggravated misdemeanor" classification, which is punishable by two years in prison . Make sense of that.

There is case law supporting that a person who aids and abets somebody in driving drunk can be successfully prosecuted for OWI. That might have been worthwhile here.

quote:

Originally posted by 92fstech:

In Indiana, we call DUI OWI...operating while intoxicated. It's the same thing as DUI in another state...just different verbage. Iowa may be the same. I think the verbage is lawyerese to clarify the difference between "driving on a roadway" vs general operation of the vehicle, as its illegal to operate while intoxicated here both on public and private property.

No distinction made here on public roadways or elsewhere. You could argue that "operating" is more broadly defined than "driving" the same as you could say "impaired" or "under the influence" is more broad than "intoxicated", but the devil is usually really in the details of the specific statutory elements than the title.

DWI here. We always joked it meant "Drunk While Intoxicated".

quote:

Originally posted by Chowser:
In Ohio it’s OVI. I have cited a bicyclist for OVI after he caused a crash.

Wasn't there a guy that got an OVI at a First Energy Stadium for riding his reclining chair while drunk? It was a couple years back during football season. The guy thought it would be a good idea to strap his recliner to a go cart frame and ride around the parking lot.