State of Iowa v. Iowa District Court for Scott County
2017 Iowa Sup. LEXIS 2
| Iowa | 2017Background
- Officer Brewer observed Esther Arriaga driving erratically (drifting lanes, running a red light) at ~3:39 a.m., stopped her, detected signs of intoxication, and arrested her for OWI (second offense).
- Arriaga was transported to jail, failed field tests, refused a chemical test, and later pled guilty to OWI second offense.
- The State sought $54.50 in restitution under Iowa Code § 321J.2(13)(b) for two-and-a-half hours of officer time and one hour of squad-car use as an "emergency response."
- The district court denied restitution, concluding the stop was a routine investigation, not an "emergency response." The State petitioned for certiorari to the Iowa Supreme Court.
- The Supreme Court reviewed statutory interpretation issues and whether routine law-enforcement responses to OWI stops fall within the statute's definition of "emergency response."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "emergency response" under Iowa Code § 321J.2(13)(b) includes all law-enforcement responses to OWI incidents | "Emergency response" is a term of art that includes any required law-enforcement response, so routine stops are recoverable | "Emergency response" is limited to incidents requiring urgent or immediate action; routine traffic stops are not emergencies | The statute is ambiguous but should be read to limit recoverable costs to bona fide emergencies; routine traffic stops do not qualify |
Key Cases Cited
- State v. Olutunde, 878 N.W.2d 264 (Iowa 2016) (standard of review for statutory interpretation)
- In re R.D., 876 N.W.2d 786 (Iowa 2016) (statutory interpretation principles)
- State v. Hagen, 840 N.W.2d 140 (Iowa 2013) (restitution review standard and rule of lenity applicable to restitution statutes)
- People v. Korzenewski, 970 N.E.2d 90 (Ill. App. Ct. 2012) (Illinois court held routine traffic stop did not qualify for emergency-response restitution)
- Cal. Highway Patrol v. Superior Ct., 38 Cal. Rptr. 3d 16 (Ct. App. 2006) (California court required a distinct "incident" producing an emergency response for restitution)
- Stych v. City of Muscatine, 655 F. Supp. 2d 928 (S.D. Iowa 2009) (routine traffic violations are generally not "emergencies" for statutory emergency-response purposes)