On September 3, 2020 the Cerro Gordo District Court amended a 20 year-old charge of OWI to reckless driving after GRL Law was retained to do what we do best: uncover and leverage every possible defense to our client’s benefit. In this case, the initial call to dispatch came from a reserve officer who reportedly observed some careless driving. The vehicle was being operated, however, in a private parking lot (careless driving under section 321.277A can only be committed on a public road). Also, there was no allegation linking the driving behavior to drinking alcohol. Furthermore, the arresting officer pulled in behind the vehicle, which had stopped a short distance down the road for a crossing train, effectively committing a seizure without probable cause. Lastly, the officer based his decision to arrest our client on the basis of a PBT result administered within 15 minutes from the time the driver finished eating. Even though these issues had not been previously raised by the former trial counsel in 2000 (who actually recommended the client plead guilty to OWI as charged), the State acknowledged the pretrial investigative work by GRL Law and made the necessary concessions to resolve the case in our client’s favor.
