Iowa case law summary by Attorney Richard Clem: Collateral Attack.

Rickie Rilea v. State of Iowa, et al. IA Collateral Attack

In 2016, the plaintiff in this Polk County, Iowa, case received a speeding ticket issued by an Iowa Department of Transportation Motor Vehicle Enforcement Officer. He pleaded guilty and paid the $465 fine, but then filed a lawsuit which eventually found its way to the Iowa Supreme Court, which held that, at the time, IDOT officers lacked authority to issue citations unrelated to operating authority, registration, size, weight, and load. Rilea v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). (For a similar Minnesota holding, see State v. Stall.

He then sought a refund of the fine. In this second appeal to the Iowa Supreme Court, the court held that he was not entitled to a refund, since it amounted to an improper collateral attack upon the criminal judgment.

No. 20-0710 (Iowa May 14, 2021).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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