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Iowa Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets and Collections for Iowa on
Q: I received a fixit ticket in Ca during the pandemic,It was signed and mailed but not received, the fine is 1700 HELP

I have already spoke to the court in Fairfield Ca and they seem unwilling to help, what should I do

T. Augustus Claus
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answered on Oct 13, 2023

Contact the court again. Explain to the court that you never received the ticket and that you would like to resolve the matter. You may need to provide proof that you never received the ticket, such as a change of address confirmation or a USPS tracking number that shows the ticket was not... View More

2 Answers | Asked in Traffic Tickets for Iowa on
Q: I would like to know Iowa traffic laws for approaching a ice cream truck
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Know what flavor you want and have your money out. No, seriously, Ice Cream trucks attract a lot of young children and others that are not paying attention to vehicles. Potential serious bodily injury or harm from vehicle/ pedestrian collisions. You can do a google search for Iowa Vehicle Code-... View More

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2 Answers | Asked in Traffic Tickets for Iowa on
Q: I would like to know Iowa traffic laws for approaching a ice cream truck
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2023

An Iowa attorney could advise best, but this is an evolving issue nationwide. Different jurisdictions have taken different measures for the safety of children in the vicinity of ice cream trucks - including blinking lights, protocols for passing ice cream trucks, restrictions in high-traffic areas,... View More

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1 Answer | Asked in Traffic Tickets for Iowa on
Q: Charged for driving but wasn't seen driving or around car
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Insufficient facts to provide a cogent response. What was the charge? Who issued ticket? This case arises under traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: If I’m out of state and need to fight a speeding ticket what should I do? And is there a way I don’t have to show up?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 14, 2022

You should seek a consultation with one or more traffic ticket/criminal defense attorneys in the area/jurisdiction where the ticket was issued----speak to them about your desires and requests in this matter-----it is possible an attorney you hire can appear in Court on your behalf and resolve this... View More

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I am looking for some guidance relating to a "failure to obey traffic control device" ticket

I am looking for some guidance relating to a "failure to obey traffic control device" ticket I received tonight, I was leaving from the store and came to the stoplight and came to a complete stop and looked to my left and saw a vehicle that was slowing down. So I thought that the light... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

You may have been cited for the wrong offense. What you did was a failure to yield, if your state allows right turns on red lights except were posted. Usually traffic is construed very strictly. You might consider a not guilty plea and take your chance at trial or going to Traffic School. You... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... View More

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.

While I can't provide legal advice based on such an...
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1 Answer | Asked in Traffic Tickets for Iowa on
Q: If I was never physicality issued or notified of a traffic citation, can I be held liable for failure to pay or appear?

My son was involved in an accident the end of December 2019. He never physically received or was notified that there were any traffic citations as a result of the accident. Today, he received a failure to appear/pay notice and his driving record shows a probation violation because of this. If he... View More

Benjamin Kohn
Benjamin Kohn
answered on Feb 18, 2020

If he was never notified of the charges against him, never signed a promise to appear, etc., then this is clearly a violation of his rights under constitutional due process. Additionally, Iowa R. Crim. P. 2.55 requires that the defendant be served with a complaint that identifies the county,... View More

1 Answer | Asked in Traffic Tickets for Iowa on
Q: What a criminal surcharge

For driving mistakes

Benjamin Kohn
Benjamin Kohn
answered on Jan 28, 2020

Although it may seem esoteric, from a philosophical and legislative capacity role, fines serve a particular role in connection with criminal offenses: to punish for the violation so that there is a deterrence to committing the offense by that example, and to rehabilitate by using the negative... View More

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I bumped the car in front of me due to anti lock breaks failing. Ticket for "following too close" Worth contesting?
Benjamin Kohn
Benjamin Kohn
answered on Jan 8, 2020

Possibly. That you rear ended the car in front of you is weighty evidence that you were, in fact, following too closely, but not is not per se conclusive that you were. Iowa Code 321.307 provides:

"The driver of a motor vehicle shall not follow another vehicle more closely than is...
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1 Answer | Asked in Traffic Tickets for Iowa on
Q: Am I allowed to speed up above the speed limit to overtake a vehicle?

I got pulled over for going over the speed limit while overtaking a vehicle. An officer was going 60 in front of a vehicle ahead of me. I overtook the car and after overtaking I slowed back down to the same speed the officer was going.

Benjamin Kohn
Benjamin Kohn
answered on Jan 5, 2020

Speed limit violations in Iowa are, unfortunately, strict liability (e.g. you're guilty if you are operating a vehicle on a public roadway that exceeded the posted speed limit regardless of your subjective reasoning, intent, or knowledge of doing so). Inability to overtake another vehicle... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... View More

Katherine Sears
Katherine Sears
answered on Apr 30, 2019

Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: We have a neighbor who parks his semi on the side of a gravel road. Is there anything to make him stop?

It is difficult to get other machinery down the road and unsafe for general traffic.

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2019

If it obstructs traffic on a public road yes.

1 Answer | Asked in Traffic Tickets for Iowa on
Q: Can you overturn an already paid for ticket?

I received a ticket and paid it online soon after. When I drove on the road again I realized the speed limit was different than what the officer ticketed me at. He wrote me for 40 in a 30 when it was a 35. Is there anyway to get my fine back or at the least have it taken off my record?

Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

Paying it = pleading guilty. Only in exceptional circumstances are you able to revisit a guilty plea. It is unlikely you would be able to do so here.

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: First car accident ever and am being required to retest with the DOT to keep my license. Do I have any recourse?

I was in my first accident since I began driving at the age of 16 (I am 33 now). I did not receive a moving violation for this accident, but am now being required to retake all tests (written, driving, vision, hearing) with the DOT in order to keep my license. Is this normal or is this something... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 4, 2018

It's normal if you are a member of the Congressional majority. Without seeing/reading what you have there isn't any way for a lawyer to give you an complete answer.

1 Answer | Asked in Car Accidents, Civil Litigation and Traffic Tickets for Iowa on
Q: My 17 year old son took a truck and hit another car. Then left the scene. The other couple has liability what do we do.

He was charged and does have a job. We have had way to many issues with him. Does he have to pay this or what are our options we cannot pay all of the estimate in one try.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 19, 2017

The facts are not clearly stated, which makes answering your question difficult. I have been a lawyer for thirty-six years and a father for longer than that. Here is my advice: 1. Yes, he has to pay. 2. Make him get a job and repay anything you have to pay on his behalf. 3. Ground him and take away... View More

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I passed a stopped school bus and am under the age of 18 and was wondering about the consequences?

I passed a school bus accidently. I didn't see any children exiting and saw the stop sign unfolding after I passed. I slowed down immediately and later pulled over to call local schools and the dot to report the issue.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

If the facts are as you describe them, nothing will happen. If the facts are different in terms of the timing of the sign unfolding you may receive a citation for failing to stop. Were you on your cell phone texting? It is not an excuse, at least not a valid one, but you might consider the question... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Q: Need advice on a traffic incident that was "setup".

I was involved in a traffic incident where a person claimed i scratched their car, which i did not. The police decided not to give me a ticket either. Where this is at, at the moment, is the iowa d.o.t. is going to suspend my license if I dont deposit $1,500 with their office in the next few days,... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 6, 2017

Unfortnately, the way most statutes run, you don't have insurance and someone claims you are at fault, even if you win you can be suspended. If the cops wrote it up, get a copy of the report. They are asking it sounds like for a security deposit. You want to argue, pay the deposit.... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Iowa on
Q: If I got any DUI and I got my license back in January I behave gotten two speeding tickets will this affect my probation

It says in the paper they sent me I can't get any kind of moving violations.

Freddy Woods
Freddy Woods
answered on May 2, 2017

Any subsequent arrests that you have while on probation could result in a probation violation. Consult a lawyer to defend you at the hearing. If you do not have counsel and you are violated at the hearing, the judge could sentence you to serve the amount of time hanging over your head that was... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Iowa on
Q: Where can i find past court cases regarding "failure to maintain control" moving violaltions?

I Was cited for moving violation called failure to maintain control, in my situation i had a mechanical failure and i need some past court case information about a similar situation thats been dismissed as a result

Peter N. Munsing
Peter N. Munsing
answered on Apr 4, 2017

Suggest you go to your county courthouse's law library, ask the librarian to help you if you don't want to get with an attorney. You should look for a mechanic to verify the "mechanical failure." Look up "sudden emergency doctrine" if you are on a d.i.y. kick.

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