The Times Herald (Norristown, PA)
IN THE SPOTLIGHT
Photos and text from wire services at the scene of a fatal accident, which carries a penalty of up to five years in prison. He faces trial on Jan. 18.
His attorneys claim Iowa’s law violates the constitutional rights of citizens to be free from unreasonable searches and seizures and to avoid self-incrimination.
The law in question says, in part, “a surviving driver shall promptly report the accident to law enforcement authorities, and shall immediately return to the scene of the accident or inform the law enforcement authorities where the surviving driver can be located.”
Most states consider it a felony to leave the scene of an accident in which someone is injured or dies, but Iowa’s law differs in that it has been interpreted to require the surviving driver to be present when law officers arrive.
“No other state has a comparable requirement,” Soules’ attorneys said in court documents.
A driver forced to meet face-toface with police is exposed to interrogation and observation by officers and risk self-incrimination, his attorneys argued.
State prosecutors contend the purpose of the law is to prevent drivers from evading liability for driving recklessly, driving while drunk or driving with a suspended or revoked license.