State v. Miller

The State appeals from the dismissal of Brian Miller’s operating while intoxicated (OWI) charge, asserting that the timing of the trial information did not violate the speedy indictment rule. The success of that challenge hinges on whether Miller was “arrested” for OWI on the same day he was cited for interference with official acts.

Finding the result was dictated by the supreme court’s interpretation of Iowa Rule of Criminal Procedure 2.33(2)(a) in State v. Wing, 791 N.W.2d 243 (Iowa 2010), the trial court decided a reasonable person in Miller’s position would have believed he was under…