from the Iowa District Court for Plymouth County, Robert J.
Dull, District Associate Judge.
Williams appeals the sufficiency of the evidence to support
his conviction for operating a vehicle while intoxicated,
third or subsequent offense.
Zachary S. Hindman of Mayne, Arneson, Hindman, Hisey &
Daane, Sioux City, for appellant.
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
8:00 a.m. on June 14, 2015, Iowa State Patrol Trooper Brett
Rykhoek saw a vehicle parked on the shoulder of northbound
Highway 75. The trooper noticed while driving past that
"it appeared that [the driver] was leaning up against
his driver's side window sleeping or had something going
on with him, " so he stopped to see if the driver needed
assistance. The trooper's patrol car's dash-cam
video-recorded the stop. The audio from inside the
trooper's patrol car was captured, but if the trooper was
wearing a body microphone, its audio was not recorded.
video shows the following. The patrol car, with its flashing
lights on, pulled behind a Ford Focus parked on the shoulder
of the highway. The Focus's left turn signal was
blinking. Then, the Focus's brake lights flashed, and the
turn signal was turned off.
trooper approached the car, and the person sitting in the
driver's seat opened the door. That person was Terrence
Williams, the owner of the car. A brief exchange occurred,
wherein the driver gave the trooper some documents-
presumably his license and insurance-and Williams was asked
to exit his car and sit in the patrol car. Williams lost his
balance a bit at one point during the short walk, reaching
his arm out to steady himself.
the patrol car, the trooper asked Williams several questions,
and the following exchange occurred:
Trooper: Terrance. Where you coming from, Terrance?
Trooper: Sioux City?
Trooper: Yeah? Why'd you stop on the side of the ...