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Defendant.
I. Introduction
Via Complaint and Affidavit signed by Officer Ben Ward and filed April 25, 2017,
the State accused Mr. Soules of violating Iowa Code 321.261(4) by leaving the scene
of an accident resulting in death. The complaint alleged Mr. Soules [did] not
immediately stop the vehicle at the scene of the accident or as close as possible, and
A recording of a 911 phone call placed by Mr. Soules provides real-time evidence
that Mr. Soules unhesitatingly identified himself and his role in the accident to dispatch
and tried his utmost to resuscitate Mr. Mosher. Mr. Soules described the location of the
accident and communicated with dispatch for approximately 5 minutes and 45 seconds
while help was en route. The evidence will further show that emergency responders
arrived on the scene shortly after Mr. Soules concluded his 911 call. Mr. Soules
remained on the scene with those emergency responders for several more minutes
For whatever reason, the charging officer failed to include in the Complaint and
Affidavit that Mr. Soules provided his name and accident location to the
telecommunication arm of law enforcement prior to his departure. Nor did the charging
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officer mention that Mr. Soules had rendered emergency aid to Mr. Mosher. Ultimately,
Mr. Soules 911 call establishes probable cause does not exist for the charge against
Mr. Soules.
committed a public criminal offense and to allow a magistrate to review the complaint
and sworn affidavit to determine whether there is probable cause that the offense was
committed. See Iowa Code 804.1. Probable cause is established when the totality of
the circumstances as viewed by a reasonable and prudent person would lead that
person to believe that a crime has been committed and that the arrestee committed or is
accident resulting in injury to or death of any person shall immediately stop the vehicle
at the scene of the accident or as close as possible and if able, shall then return to and
remain at the scene of the accident in accordance with section 321.263. As the Iowa
State v. Sebben, 185 N.W.2d 771, 774 (Iowa 1971). Accordingly, a person violates Iowa
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2. If the accident causes the death of a person, all surviving drivers shall
remain at the scene of the accident except to seek necessary aid or to
report the accident to law enforcement authorities. Before leaving the
scene of the fatal accident, each surviving driver shall leave the surviving
drivers drivers license, automobile registration receipt, or other
identification data at the scene of the accident. After leaving the scene of
the accident, 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.
A person who fails to comply with the requirements of Iowa Code 321.261(1) and
321.263 may be charged with a class D felony if the accident resulted in death. Iowa
Code 321.261(4).
III. Argument
It is indisputable that Mr. Soules has not violated the first paragraph of Iowa
Code 321.263. That paragraph states two requirements: First, a driver in an accident
accident must render reasonable assistance to anyone injured in the accident. The
first requirement does not apply to the facts of this case and Mr. Soules satisfied the
second requirement.
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As to the first requirement, the Iowa Supreme Court has clarified that Iowa Code
321.263(1), when it requires a driver to report his or her identifying information to the
person struck, the driver or occupant of, or the person attending the vehicle involved in
the accident does not mean law enforcement or eyewitnesses. State v. Tarbox, 739
N.W.2d 850, 854 (Iowa 2007). Rather, Iowa Code 321.263(1) simply requires a driver
involved. Tarbox, 739 N.W.2d at 854 ([A]ttending refers to someone who is present
with the vehicle rather than one who comes upon the vehicle after the fact.). Tragically,
because Mr. Mosher was unresponsive at the time of the accident and no other person
was with Mr. Mosher on his tractor, Mr. Soules had no one to whom he could report his
Turning then to the second requirement of Iowa Code 321.263(1), it must first
be emphasized that the Complaint and Affidavit fails to mention Mr. Soules rendered
reasonable assistance. Indeed, the 911 phone call placed by Mr. Soules establishes he
rendered reasonable assistance to Mr. Mosher and arranged for medical treatment. Mr.
Soules called 911 and told dispatch he had rear-ended Mr. Moshers tractor. He relayed
that Mr. Mosher and his tractor were situated in a ditch a mile north of Aurora. Mr.
Soules checked on Mr. Mosher to determine if he was conscious and breathing. Mr.
Soules then administered CPR to Mr. Mosher, reporting to dispatch that Mr. Mosher had
blood coming out of his mouth. Other individuals were on the scene with Mr. Soules, but
Mr. Soules nevertheless took it upon himself to try to revive Mr. Mosher. Before hanging
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up, he confirmed that emergency responders were en route. Mr. Soules did not depart
the scene until he was assured emergency personnel had the situation in hand. As a
matter of law, the State cannot prove Mr. Soules did not render reasonable
assistance. Mr. Soules actions at the scene, as captured by the 911 recording,
No Iowa court has interpreted Iowa Code 321.263(2), but an examination of the
plain language of that provision reveals Mr. Soules was in full compliance with its
requirements. The first sentence states that, in an accident causing death, the surviving
driver must remain at the scene except to seek aid or report the accident. But the first
sentence of Iowa Code 321.263(2) must be read in tandem with the second: the
second sentence states that, before leaving the scene, the driver must provide a
drivers license, automobile registration receipt, or other identification data at the scene
of the accident. The first sentences directive to remain on the scene cannot be
indefinite; the second sentence qualifies what is necessary to release a surviving driver
to leave the scene. To discharge the legal obligation imposed, these first two sentences
clearly establish that a surviving driver must remain on the scene until the driver has
provided identifying information. Notably, the Tarbox decision supports this proposition
by its explicit rejection of the argument that Iowa Code 321.263(1) requires a driver to
remain at an accident scene until the police arrive. Tarbox, 739 N.W.2d at 855.
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As the 911 recording proves, Mr. Soules complied with Iowa Code 321.263(2)
by providing his identification data to dispatch while on the scene of the accident. 1
Identification data is not defined in the Iowa Code; it serves as a catchall. The
statutory definition or an established meaning in the law, we give words used by the
legislature their ordinary and common meaning); State v. White, 563 N.W.2d 615,
617 (Iowa 1997) (The dictionary provides a ready source for ascertaining the common
and ordinary meaning of a word.). Relatedly, Iowa Code 719.1A criminalizes the
prosecuted for merely providing false identification it is then axiomatic a person should
By stating his name, Mr. Soules provided the information necessary for dispatch,
law enforcement, and Mr. Moshers family to identify him. Mr. Soules is well-known in
his small community. His identity was known to the emergency responders who arrived
on scene. A second call to from law enforcement to dispatch further confirms that law
enforcement was aware Mr. Soules was the driver of the vehicle that struck Mr.
Moshers tractor. There was never any attempt by Mr. Soules to obfuscate his identity.
Cf. Sebben, 185 N.W.2d at 774 (defendant never revealed identify and in fact
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deliberately concealed identity). Mr. Soules thus satisfied the prerequisite that freed him
to leave the scene: he provided identification data at the scene of the accident.
Mr. Soules likewise satisfied the requirements of the third sentence of Iowa Code
321.263(2). Again, that sentence states: After leaving the scene of the accident, 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. (Emphasis added). The
returning to the scene so long as the driver informs law enforcement of the location of
the surviving driver. Soules promptly reported the accident to dispatch, which is an arm
of law enforcement. See Iowa Code 34.2(4) (A 911 system shall be capable of
transmitting requests for law enforcement, fire fighting, and emergency medical and
ambulance services to a public safety agency or agencies that provide the requested
service at the place where the call originates.); id. 80B.11C (stating law enforcement
http://www.buchanancountyiowa.org/departments/sheriff/communications.php (stating
for the Sheriffs Office and police departments in Fairbank, Independence, and Jesup);
see also Tarbox, 739 N.W.2d at 854 (recognizing a person in an accident would contact
the authorities and [a]t that point the dispatcher would send the necessary authorities
and medical personnel to the scene to render aid). Because Mr. Soules reported the
accident to dispatch and informed dispatch where the accident had occurred, he was in
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full compliance with the last sentence of Iowa Code 321.263(2). He had no legal
obligation to return to the scene or to wait there for law enforcement to arrive.
Having shown Mr. Soules fulfilled the various requirements of Iowa Code
321.263, it becomes clear that Mr. Soules cannot be charged with a violation of Iowa
Code 321.261. The first clause of Iowa Code 321.261(1) requires a driver to stop
immediately at the scene and the second clause requires a driver to remain at the
scene in accordance with section 321.263. There can be no dispute that Mr. Soules
stopped his vehicle immediately at the scene of the accident, satisfying the first clause
of Iowa Code 321.261(1). And, as explained above, Mr. Soules complied with Iowa
IV. Conclusion
The information provided by Mr. Soules during his 911 call fulfilled the
requirements of the reporting statutes. Not only did Mr. Soules satisfy the letter of the
law, he satisfied the spirit. He gave law enforcement on-the-spot identification and
location information and reasonably provided treatment to Mr. Mosher. See Sebben,
185 N.W.2d at 774 (stating these purposes); Tarbox, 739 N.W.2d at 855 (finding, as a
matter of law, defendant could not be prosecuted for violating Iowa Code 321.261;
affirming district courts grant of motion to dismiss). Because probable cause does not
exist to establish Mr. Soules committed the charged offense, the prosecution against
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Copies to:
Shawn M. Harden
Buchanan County Attorney
210 5th Avenue NE
P.O. Box 68
Independence, Iowa 50644-0068
Phone: (319) 334-3710
Fax: (319) 334-6591
ATTORNEY FOR PLAINTIFF
Christopher D. Soules
DEFENDANT