SCHEDULED TRAFFIC VIOLATION PRETRIAL LIMITED-SCOPE DEFENSE

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In your initial phone consultation, I will advise (or give you next steps for enabling me to advise) as to which packages and add-on services would apply to your case initially, and which might apply depending how the various stages proceeds.  All packages are unbundled and do not include any services not listed.  You may be wondering why, for an ~$75-$300 traffic ticket, you should even expend the time and effort to fight it, let alone pay to hire an attorney to assist you?

First, it's important to understand that in Iowa (as opposed to many other jurisdictions), officially (without a very favorable exercise of discretion by the prosecutor with assent of the judge) there isn't any third options to pleading guilty or contesting the citation in Court.  Some states have traffic school diversion programs where (usually only once per unit of time) by paying the class fee, court costs, and sometimes a fee based on what the fine would have been, and completing the class, the ticket can be dismissed without going on your record.  Other states additionally or alternatively permit "adjudication withheld" resolutions where in exchange for paying the fine voluntarily (or even a higher fine) no conviction would go on the record.  Others additionally or alternatively at least lets you contest the ticket with a less disruptive written statement that the officer's written affidavit response to must convince the judge to the requisite proof standard by, sometimes even preserving the option of a right to a Do-Over In-Court Trial if you're found guilty!  Currently, Iowa has none of these options.

Even more importantly, there's little uncertainty that the "total" printed on your ticket will be far less than the actual total financial impact a conviction (and paying prior to a conviction in Court is a guilty plea that results in a conviction) would have.  A conviction will remain on your driving record for years, and perhaps more importantly, in Iowa (unlike many other jurisdictions using softer and oft-non-criminal "infraction" or "civil violation" labels) all traffic violations are categorized as criminal misdemeanors, convictions of which create a permanent, internet-accessible, and never-expungable criminal misdemeanor record!

Of the two, the driving record impact is more consistent and less variable in degree of impact, and while the downside potential is comparatively much less than for the criminal record, in many cases by itself the driving record impact adds enough downside to strongly consider fighting it with an attorney, especially if you have a strong case or if you don't believe you did what the police have accused you of doing, and especially if that attorney is priced as below market as I am relative to the vastly more time-consuming and aggressive all stops pulled manner I fight tickets compared to my understanding of the normal attorney practice.  First, depending on your age/insurance-actuarial-profile, prior offenses and/or accidents, level/cap of coverage, and insurance carrier, the addition of that conviction to your driving record will typically add anywhere from many hundreds to several thousand dollars to your future car insurance premiums past the amount due on the ticket over the duration it will be factored into your car insurance rates.  Your credit rating may be similarly affected, damaging your ability to get loans and increasing the interest you'll pay if you do (consider the amount even a small increase in interest rate has over a long-term mortgage if you buy a home while affected to the total amount you'll pay).  Next, if the sum of the number of traffic convictions you receive in any 12-month period and any number of accidents you're in during that same period is at least three, or you receive at least six in a 3-year period (average of 2 per year), your driver's license could be suspended by the DOT!  Moreover, if you get into a disputed-fault accident, your driving record often can be used against you in a personal injury civil case.  Finally, many police officers consider your driving record when deciding whether to give a warning or a ticket in the future, and many prosecutors similarly consider it in deciding whether to prosecute if you plead not guilty and in whether and what settlement deals to offer or accept.  Accordingly, the effects of accruing an avoidable conviction could multiply.

While harder to measure, and likely involving much greater variance in impact, in my opinion the criminal misdemeanor record is the worst part of getting an Iowa traffic ticket conviction and make it a grossly unjust consequence even for the guilty, which shows up not just in Iowa public records, but in electronically data-mined privately held lists that may not distinguish that misdemeanor as a traffic offense and are sold to companies that conduct routine background checks, including for any potential future employers outside Iowa in places where no traffic offense would be considered a misdemeanor and that possibility would not be well known to the prospective employers.  While it may seem that most Iowa employers would be used to it, and few hiring managers would hold this kind of offense against you if you were given the opportunity to explain, how much is a better chance at avoiding even a slight risk of such an outcome at some point in your life worth to you?  Consider that some may rule you out without an opportunity to explain and others may be bound by H.R. policies that go by misdemeanor classification and aren't designed for traffic tickets being misdemeanors, even if you do explain.
In fact, the Iowa Supreme Court opined in State v. Young, 863 N.W.2d 249 (Iowa 2015) at 280, a case regarding the right to counsel in misdemeanor cases with the possibility of jail time: 

"... [T]he fact that the so-called “collateral consequences” of misdemeanor convictions are dramatically increasing. Conviction of misdemeanors, as discussed below, may impose a significant moral stigma and can substantially affect employment opportunities. According to a 2010 survey performed by the Society for Human Resource Management, seventy-three percent of employers conducted criminal background checks on all of their employees, with another nineteen percent performing background checks on selected employees. See John P. Gross, What Matters More: A Day in Jail or a Criminal Conviction, 22 Wm. & Mary Bill Rts. J. 55, 86 (2013) [hereinafter Gross] (citing Soc’y for Human Res. Mgmt., Background Checking: Conducting Criminal Background Checks (2010) [hereinafter Soc’y for Human Res. Mgmt.], available at http://www.shrm.org/research/surveyfindings/articles/pages/backgroundcheckcriminalchecks.aspx). Fifty-one percent of respondent employers indicated that a nonviolent misdemeanor would be “‘somewhat influential’” in determining employment, while twenty-two percent indicated that it would be “ ‘very influential.’ ” See id. (quoting Soc’y for Human Res. Mgmt. at 5)."Id. "Further, in the electronic age, a remote misdemeanor conviction is no longer practically obscure. A tech-savvy functionary or a decision-maker who hires investigative firms who specialize in unearthing such information can easily discover a misdemeanor conviction. See King, 48 Harv. C.R.-C.L. L. Rev. at 31." 

Please note: I live in California and can only provide unbundled legal services to assist self-represented Iowa traffic defendants make informed decisions about whether and how to contest their ticket and with certain potential aspects of the process that can be accomplished remotely.  I do not offer in-person services, such as in-person court appearances or trials on Iowa traffic tickets.

Package performed after NPCPC, which regarding traffic tickets your appointment should be scheduled for at least 10 days prior to the appearance date on the ticket and preferably at least 14 days prior to the appearance date if you want the option of all services in the package unmodified without having to first successfully obtain a continuance on your own.  Please also note that ordinary NPCPCs must be scheduled at least 48 hours in advance, and often longer based on live schedule availability.  Acting to obtain an appointment as soon after you receive the ticket is strongly encouraged, and rush surcharges would likely be added if I agreed to accept a case on shorter notice.

Please note the Following Services are Defined-Scope Unbundled Representation, which does not include representation in any other aspect or stage of proceedings other than that specified, such as trial and any in-court hearings or conferences, and also does not include appellate services.

Please also note that I do not live in Iowa and am not typically able to add-on any in-person and/or in-court services.  Rather, I remotely assist with certain aspects of contesting the charge by drafting and e-filing to the Court certain documents, through phone and e-mail correspondence, and by advising and supporting the client on other aspects.

These packages are general information about my methods and approach, and may need customization in individual cases.  They are not a guarantee or offer of representation for the estimated price or otherwise.

Basic Package of Unbundled Services: $175 + Expenses Flat Fee Covering up to 2 Hours, Then $125/hour.

1.  If Desired, and if retained to do so at least 1 week before deadline, e-filing of a Not Guilty Plea (with or without jury demand) on your charge to the Court so as to avoid a need for your attendance of the In-Person Appearance Date on the Ticket to plead and schedule a trial (if case goes to trial, you will need to attend date(s) subsequently set by the Court for trial and any hearings or pretrial conferences).

2.  E-filing motion for discovery with Court (to attempt to obtain any favorable notes, reports, radar records, police body and/or dash-cam videos, roadway schematics, etc.), and, if the motion is granted, working with the prosecutor on fulfillment.

3.  Evidence Review, Appropriate Legal Research, & Case Assessment.

4.  Up to 30 Minutes Follow-Up Advisory Phone Consult (during Ordinary Workload Time).

Standard Package of Unbundled Services:  $345 + Expenses Flat Fee Covering up to 4 Hours, Then $125/hour.

1.  If Desired, and if retained to do so at least 1 week before deadline, e-filing of a Not Guilty Plea (with or without jury demand) on your charge to the Court so as to avoid a need for your attendance of the In-Person Appearance Date on the Ticket to plead and schedule a trial (if case goes to trial, you will need to attend date(s) subsequently set by the Court for trial and any hearings or pretrial conferences).

2.  Iowa Code Ch. 22 Public Records Request to Citing Agency & Reasonable Follow-Up Correspondence (does not include civil enforcement remedies for public records law noncompliance) (to attempt to obtain any favorable notes, reports, radar records, police body and/or dash-cam videos, roadway schematics, etc.).

3.  E-filing motion for discovery (for similar reasons, but greater rights) with Court and, if granted, working with the prosecutor on fulfillment.  If prosecutor interprets any Order too narrowly or does not provide discovery granted, follow-up Motion to Compel with Court.

4.  Evidence Review, Appropriate Legal Research, & Case Assessment.

5.  Up to 30 Minutes Follow-Up Post-Discovery Case Merits Review & Strategy Planning Phone Consult (during Ordinary Workload Time).

6.  Outreach to Prosecutor to Inquire about Openness to Settlement (i.e. dismissal for court costs and completion of online traffic school, or other compromise), and if prosecutor is willing to discuss, reasonable written and phone correspondence to attempt to negotiate a deal for you.

7.  If settlement fails, and/or you elect to go to trial, Second Up to 30 Minutes Follow-Up Procedural Debrief, Q&A, and Trial Presentation Strategy Phone Consult (during Ordinary Workload Time).

Premium Package of Unbundled Services: $525 + Expenses Minimum Flat Fee Covering Up to 7 Hours, Then $125/hour.

1.  If Desired, and if retained to do so at least 1 week before deadline, e-filing of a Not Guilty Plea (with or without jury demand) on your charge to the Court so as to avoid a need for your attendance of the In-Person Appearance Date on the Ticket to plead and schedule a trial (if case goes to trial, you will need to attend date(s) subsequently set by the Court for trial and any hearings or pretrial conferences).

2.  Iowa Code Ch. 22 Public Records Request to Citing Agency & Reasonable Follow-Up Correspondence (includes option of limited-scope written and telephonic representation in initiating - plus reasonable follow-up correspondence - Iowa Public Information Board administrative civil complaint if citing agency does not comply with Iowa Code Ch. 22; excludes any other civil enforcement remedies for public records law noncompliance) (to attempt to obtain any favorable notes, reports, radar records, police body and/or dash-cam videos, roadway schematics, etc.).

3.  E-filing motion for discovery (for similar reasons, but greater rights) with Court and, if granted, working with the prosecutor on fulfillment.  If prosecutor interprets any Order too narrowly or does not provide discovery granted, e-filing follow-up Motion to Compel with Court.

4.  Evidence Review, Appropriate Legal Research, & Case Assessment.

5.  Up to two 30 Minutes Follow-Up Case Merits Review and/or Strategy Planning Phone Consults (during Ordinary Workload Time).

6.  Outreach to Prosecutor to Inquire about Openness to Settlement (i.e. dismissal for court costs and completion of online traffic school, or other compromise), and if prosecutor is willing to discuss, reasonable written and phone correspondence to attempt to negotiate a deal for you.

7.  If settlement fails, and/or you elect to go to trial:

(A) Written Opinion of Merits of Trial Defense and Best Defense Strategies and Theories.

(B) Second Up to 60 Minutes Follow-Up Procedural Debrief, Q&A, and Trial Presentation Strategy Phone Consult (during Ordinary Workload Time).