State v. Iowa District Court for Scott County
Annotate this CaseA special restitution law provides that the court may order restitution paid to any public agency for the costs of the “emergency response” resulting from the actions constituting a violation of the operating while intoxicated (OWI) statute. In this case, Defendant pled guilty to OWI, first offense. The State requested that Defendant pay “victim restitution” to the City of Davenport and requested “emergency response restitution” on behalf of the Davenport Police Department. The district court denied the State’s claim for restitution, concluding that this case involved only police department services provided to investigate and effect the routine arrest and processing of a person for OWI. The Supreme Court affirmed, holding that, for the reasons set forth in today’s decision in State v. District Court, Iowa Code 321J.2(13)(b) did not authorize recovery of the costs of the routine law enforcement activities involved in this case.
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