State of Iowa v. Michael Ryan Derby, 16-0844

In early July 2015 officers observed Michael Derby driving a truck with dark tinted windows in a high-drug-traffic area and later followed him after noted moving violations.
Derby led officers on a high-speed, dangerous thirty-minute pursuit (speeds up to 90 mph), ran red lights, drove the wrong way, drove through barricades and an accident scene, and threw items from the vehicle.
Stop sticks flattened multiple tires; Derby continued driving on shredded tires for about ten miles, then jumped from the slowly moving truck and fled on foot; he was captured about fifty yards away.
After arrest Derby made statements admitting he had been drinking, that he fled because he already had three OWIs and didn’t know if he was over the limit, and he refused chemical testing; squad-car and jail videos corroborated officer observations.
Defense presented evidence Derby had a history of seizures and panic/anxiety (medical records and testimony from his mother), arguing his behavior could be explained by a medical event; Derby waived a jury and was convicted by the district court of OWI (third offense) and eluding while intoxicated and placed on probation.
On appeal Derby challenged the weight of the evidence supporting intoxication; the district court had denied his posttrial motions after applying a greater-weight-of-evidence analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the greater weight of the evidence supports convictions for OWI (third offense) and eluding while intoxicated	State: squad-car videos, multiple officer observations of driving and behavior, Derby’s statements admitting drinking and intent to flee, and his refusal to submit to chemical testing together show intoxication	Derby: no chemical test or direct proof of intoxication; seizure history and prior behavior can explain driving and conduct; circumstantial evidence insufficient	Court: Affirmed. The district court did not abuse its discretion — greater weight of credible evidence supports intoxication and convictions

State v. Reeves, 670 N.W.2d 199 (Iowa 2003) (discusses when sufficiency vs. weight-of-the-evidence standards apply)
State v. Wells, 629 N.W.2d 346 (Iowa 2001) (court’s labeling of the posttrial ruling controls whether weight issue preserved)
State v. Ary, 877 N.W.2d 686 (Iowa 2016) (explains weight-of-the-evidence standard and review for abuse of discretion)
State v. Wilson, 878 N.W.2d 203 (Iowa 2016) (abuse-of-discretion framework for weight review)
State v. Brown, 856 N.W.2d 685 (Iowa 2014) (when a reason is untenable for abuse-of-discretion analysis)
State v. Brubaker, 805 N.W.2d 164 (Iowa 2011) (circumstantial evidence can be as probative as direct evidence)
State v. Truesdell, 679 N.W.2d 611 (Iowa 2004) (elements of OWI offense)
State v. Steadman, 350 N.W.2d 172 (Iowa 1984) (OWI conviction can be sustained absent chemical test)
State v. Hutton, 796 N.W.2d 898 (Iowa 2011) (driver’s implied-consent obligations and relevance of refusal)
State v. Bloomer, 618 N.W.2d 550 (Iowa 2000) (refusal to submit to chemical testing is admissible)