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State v. Williams

Court of Appeals of Iowa

May 17, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
TERRENCE WILLIAMS, Defendant-Appellant.

         Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.

         Terrence 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.

          Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., and Doyle and McDonald, JJ.

          DOYLE, JUDGE.

         Around 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.

         The 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.

         The 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.

         Inside the patrol car, the trooper asked Williams several questions, and the following exchange[1] occurred:

Trooper: Terrance. Where you coming from, Terrance?

Williams: City.

Trooper: Sioux City?
Williams: Yeah.
Trooper: Yeah? Why'd you stop on the side of the ...

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