No Basis to Continue Investigation Means All Charges to be Dismissed

posted by Robert Rehkemper on Monday, June 04, 2018

Northwood, Worth County, Iowa.  Operating While Intoxicated, Possession of Marijuana, and Possession of Drug Paraphernalia charges will have to be dismissed after judge ruled that the stopping Deputy did not have a legal basis to continue investigating GRL Law's client.  Client was stopped for being in a park after-hours.  The officer claimed to smell an odor of alcohol coming from the vehicle and put GRL Law's client through field sobriety exercises.  By the officer's own admission, GRL Law's client passed all field sobriety tests but the officer decided to search his vehicle without his consent.  The judge ruled that after GRL Law's client passed all field sobriety tests, the officer did not have a legal basis to continue to detain him nor to search the vehicle and consequently all evidence obtained after that point was thrown out of court.  Charges will be dismissed and client's commercial driver's license is saved.
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About The Author

Mr. Rehkemper was selected to the Super Lawyers list for the sixth straight year in 2018, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more