Frequent readers of the GRL Law blog are familiar with the term “NFG.” We also explain it in detail here. A NFG can occur at trial. Or, like this case, on appeal.
At the close of the state’s case at trial, the criminal defense attorneys at GRL Law moved to dismiss the speeding charge.
Why?
The trooper testified on cross-examination that he was not sworn before a notary at the time he signed the complaint before filing it with the magistrate. The Iowa Constitution requires a sworn verification.
The magistrate refused to grant the judgment of acquittal for our client and entered a guilty verdict instead. So we appealed.
The district court, acting in an appellate capacity, vindicated our position. Sworn verification is a constitutional requirement. The magistrate erred by not granting our motion.
Charge dismissed at the state’s cost!
No conviction means no fine or points assessed in the driver’s home state.
If GRL Law will go to these lengths to properly defend a simple misdemeanor speeding ticket, then just think what we’ll do with your misdemeanor or felony charge.
