Jason Clayworth

jclayworth@dmreg.com

A second judge, higher ranked than the first, has ruled that Iowa’s transportation department is illegally issuing speeding tickets — dealing another blow to the state agency.

Warren County District Court Judge Richard Clogg on Wednesday dismissed the speeding ticket written in August to Eric Michael Roeder, 39, of Norwalk. Iowa Department of Transportation Officer Robert Wittowski does not "hold the enumerated powers" under Iowa law to enforce speeding violations on noncommercial vehicles, Clogg ruled.

The ruling is particularly significant in light of a legal battle to force the department to halt issuing most traffic citations, expunge traffic convictions and refund more than 20,000 tickets.

Iowa Attorney General Tom Miller had previous argued that the decision of the first judge — Polk County District Court Associate Judge Heather Lauber — was "merely the decision in one case."

Lauber last year dismissed the speeding ticket of Pleasant Hill teenager Peyton Atzen, concluding that Iowa law limits officers outside of the state's public safety department from enforcing most moving violations.

Assistant Warren County Attorney Justin Rogers unsuccessfully argued in the Warren County case that Lauber’s decision was far too narrow and failed to account for multiple laws that grant the DOT traffic ticket enforcement authority.

"Judge Lauber's decision is an unpublished opinion with no precedential value whatsoever," Rogers argued in court documents filed in December.

Des Moines attorney Brandon Brown represented the defendants in both speeding ticket cases.

"Previously, the DOT was dismissive of the decision in Atzen case, in part, because it was authored by a then-district associate judge," Brown, of the Parrish Kruidenier law firm, said Wednesday. "This newest victory shows our position continues to prevail as we climb the hierarchy of our court system."

Brown also is the attorney in the case that seeks refunds to thousands of other drivers ticketed by DOT officers.

The three plaintiffs in that case contend that the state knew it has been "unjustly enriched" by the tickets, noting the Iowa Supreme Court ruled nearly 70 years ago that DOT officers did not have those powers.

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A 1990 Iowa attorney general opinion concurred, saying DOT officers' authority is limited to drunken driving enforcement and commercial motor vehicle violations related to registration, size and weight, based on another section of the law.

DOT officials have insisted their officers receive the same training as public safety officers. Tickets are issued based on public safety, not revenue, the department has argued.

They continue efforts to legally derail the class-action efforts. The department also is behind multiple legislative efforts to clarify the law and unquestionably grant the department enforcement powers.

Those legislative efforts — House Study Bill 69 and Senate Study Bill 1036 — are opposed by the Iowa State Troopers Association and the State Police Officers Council.

Christopher Rants, a former Republican House representative who now lobbies for the groups, said Wednesday he would talk with the groups before publicly commenting on their opposition. Representatives of the groups ultimately did not respond for comment Wednesday.

A Register review in July showed the DOT had issued more than 25,000 tickets during a five-year period.

Roughly half of those — nearly $2 million in payments — were to noncommercial vehicles, which are the tickets being challenged as illegal. Each ticket, with court costs, averaged about $150.

The DOT has argued any judicial ruling thousands of tickets illegal would be an "extreme measure" that would create "a most profound impact to the detriment of public safety." And other judges have ruled in favor of the DOT in the matter, noted Andrea Henry, a spokeswoman for the department.

Henry cited a Hamilton County case involving the speeding ticket of Aibek Mambetaliev. In that case, Magistrate Judge Joseline Greenley in January ruled DOT Officer Joshua Dagit did not exceed his authority in issuing the ticket.

"We have no plans to change our enforcement strategy in light of this ruling and will continue to assert and defend" against the class-action lawsuit, Henry said Wednesday.

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