Reckless
I was charged in Illinois with OWI and did get an administrative suspension of 90 days in Illinois. I fought the charge for many reasons and it was reduced to reckless driving.
Illinois reported the test results to Iowa DOT and they are now imposing a one year suspension. I went through all the Iowa DOT appeals and have now filed a stay in district court.
Iowa must look to Illinois law first is our option, correct?
If not one ends up with a OWI on his driving record in Iowa for a reckless charge in Illinois.
2 Answers from Attorneys
Re: Reckless
If you filed a stay in district court it appears that you are probably represented by counsel. If not, you should be.
The suspension by the DOT is separate and distinct from any resolution of the court case, and I suspect that it is based on blood breath or urine test results or the refusal thereof, which trigger an automatic suspension. The argument you are making is that the resolution of the Illinois court case should control the administrative outcome, and that is not always the case.
I do not agree that you end up with an OWI on your record. What you end up with is a suspension for failing a blood breath or urine test.
Re: Reckless
I've read Robert Luedeman's response, and I agree with it. If you are not represented by counsel, you should be. I would opine that it is most important to note the reason why the Iowa DOT suspended your license, as this is the basis upon which all other proceedings flow.
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