Terms Used In Iowa Code > Chapter 321J - Operating While Intoxicated

• Administrator: means the department's administrator for rail and water, or the administrator's designee. See Iowa Code 327F.39
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol concentration: means the number of grams of alcohol per any of the following:
   a. See Iowa Code 321J.1
• Alcoholic beverage: includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption. See Iowa Code 321J.1
• Approved provider: means a provider of a course for drinking drivers offered outside this state which has been approved by the department of education. See Iowa Code 321J.22
• Arrest: includes but is not limited to taking into custody pursuant to section 232. See Iowa Code 321J.1
• Arrest: Taking physical custody of a person by lawful authority.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: includes child by adoption. See Iowa Code 4.1
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the natural resource commission of the department. See Iowa Code 321I.1
• Condition: means a general problem that may be attributable to a defect in more than one part. See Iowa Code 322G.2
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means any drug, substance, or compound that is listed in section 124. See Iowa Code 321J.1
• Conviction: A judgement of guilt against a criminal defendant.
• Course for drinking drivers: means an approved course designed to inform the offender about drinking and driving and encourage the offender to assess the offender's own drinking and driving behavior in order to select practical alternatives. See Iowa Code 321J.22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days. See Iowa Code 322G.2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state department of transportation. See Iowa Code 321J.1
• Director: means the director of transportation or the director's designee. See Iowa Code 321J.1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• highway: means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. See Iowa Code 321I.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lessee: means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to the motor vehicle. See Iowa Code 322G.2
• Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G. See Iowa Code 322G.2
• Nonresident: means a person who is not a resident of this state. See Iowa Code 321I.1
• Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
• Operator: means a person who operates or is in actual physical control of an all-terrain vehicle. See Iowa Code 321I.1
• Owner: means a person, other than a lienholder, having the property right in or title to an all-terrain vehicle. See Iowa Code 321I.1
• Participant: means a person whose driver's license or operating privilege has been revoked for a violation of section 321J. See Iowa Code 321J.25
• Peace officer: means :
   a. See Iowa Code 321J.1
• Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means a substance abuse awareness program provided under a contract entered into between the provider and the Iowa department of public health under chapter 125. See Iowa Code 321J.25
• Program coordinator: means a person assigned the duty to coordinate a participant's activities in a program by the program provider. See Iowa Code 321J.25
• property: includes personal and real property. See Iowa Code 4.1
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: means as defined in section 483A. See Iowa Code 321I.1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: includes "regulation". See Iowa Code 4.1
• Serious injury: means the same as defined in section 702. See Iowa Code 321J.1
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
• Verdict: The decision of a petit jury or a judge.
• year: means twelve consecutive months. See Iowa Code 4.1