Author: Colin Murphy

Breath Test Suppressed After Officer Fails to Explain Rights

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing under Iowa Code section 804.20.  Most of the time, the driver must first trigger the right by asking for a phone call while in custody. In this case, the officer instead volunteered the opportunity to make “a call” after invoking implied consent.  Thinking this was his one and only call, our client wisely requested an explanation.  The officer repeated his offer.  And then added the call could be placed either before or after chemical testing. Here’s where the officer erred. Section […]

Read More

GRL Saves CDL After Officer Unreasonably Limits Phone Calls

When your CDL is at risk for failing a breath test, you need the expertise of the impaired driving defense attorneys at GRL Law. Merely three weeks after suppressing a breath test to save a commercial driver’s license, the firm’s efforts have rescued another CDL holder, this time through the DOT appeal process. The administrative law judge found that the arresting officer provided our client only 14 minutes to place phone calls prior to chemical testing.  When the last call attempt went to voice mail at the stroke of the deadline, the officer exclaimed “Times Up!” and took his phone […]

Read More

Retail Sale of Raw Hemp Flower

Is it legal to sell raw hemp flower in Iowa? Yes, but it depends on the retailer’s intent. Iowa law prohibits “smokable” hemp where the intent is to inhale the products of combustion.  Possession or sale of such hemp products is punishable as a serious misdemeanor under Iowa Code section 204.14A. However, raw hemp flower, like hemp seed and powder, is very nutritious.  In addition to phytocannabinoid acids and terpenes, raw hemp flower contains essential fatty acids, amino acids, dietary fiber and other enzymes, vitamins and minerals. For that reason, it can be consumed like any other dark green leafy […]

Read More

Team GRL Amazing!

Clients rely on GRL Law to help them navigate the criminal adjudication process.  We take great pride in the work we do to secure justice for them.  Yes, the dismissals are awesome, but the gratitude our clients express for our efforts is even better.  Like this testimonial: Colin and his team were amazing. They helped me with everything! Made sure to communicate to me and keep me updated. My experience with him was great. I would highly recommend!! We appreciate the shout! GRL Law.  We care.  We fight.  You win.

Read More

Pitfalls for Marijuana Possession by Noncitizens

If you are a noncitizen, then you must think twice before possessing even small quantities of marijuana for personal use.  Low-level marijuana offenses can result in serious immigration consequences. Marijuana remains a Schedule I drug at the federal level.  As a result, any violation of state drug laws (or admission of a drug offense) can be a basis for denying a visa stamp, revoking a visa or denying entry into the U.S. following a trip abroad.  Possession and use of marijuana can also prevent naturalization applicants from establishing good moral character to become a citizen. This can be particularly troubling […]

Read More

GRL Overturns License Suspension for Driver Traveling 100 MPH

The traffic ticket defense lawyers at GRL Law field calls regularly from drivers cited for excessive speed.  More often than not, it’s only after they receive a suspension notice from the Iowa DOT. That’s right.  The consequences of pleading guilty are more than just the fine, surcharge and court costs.  The DOT can suspend the privileges of anyone convicted for speeding more than 24 miles over the posted limit or what is referred to as a “serious violation.” The minimum suspension for a serious violation is 60 days (25 mph over) while the maximum is one year (49 mph or […]

Read More

GRL Suppresses Breath Test and Saves CDL

The impaired driving defense attorneys at GRL prevented yet another CDL holder from being disqualified by the Iowa DOT. A thorough review of pretrial discovery indicated that the arresting officer made a critical mistake during the implied consent process.  He failed to properly observe the 15-minute waiting period before requesting a breath sample for testing on the DataMaster DMT.  As a result, the district court suppressed the test result from evidence making it inadmissible at trial.  This ruling is binding on the DOT and serves to rescind and remove the revocation (and CDL disqualification) from the driver’s record. GRL defends […]

Read More

Retailers Should Avoid Delta-8 THC For Now in Iowa

There’s a lot of buzz surrounding the availability of consumable hemp products now that the retail registration portal is open.  One of the more frequent questions we have been fielding concern the legal status of delta-8 THC in Iowa. Hemp is defined under state law to include “any part” of the plant of the genus cannabis and all “derivatives,” “extracts” and “cannabinoids” with a maximum delta-9 THC concentration of 0.30 percent.  So it would appear that delta-8 THC, a non-intoxicating cannabinoid found in hemp, would be legal to sell over the counter here, right? Not so fast. The amount of […]

Read More

State Dismisses “Dreamer’s” OWI Charge

GRL Law successfully persuaded the State to dismiss an OWI charge against our client, a “Dreamer” who participates in the Deferred Action for Childhood Arrival (DACA) program. DACA provides a work permit and legal immigration status to young, undocumented individuals brought as young children to the United States.  A conviction for DUI/OWI in Iowa counts as a “significant misdemeanor” under federal immigration law, which disqualifies a Dreamer from renewing their DACA status and makes them immediately subject to deportation. The drinking driver attorneys at GRL Law reviewed every bit of pretrial discovery in a bid to shelter the driver from […]

Read More

How Long Does a Traffic Ticket Stay on My Record?

The traffic ticket defense attorneys at GRL Law receive calls from time to time with questions about moving violations.  One of the most common questions?  How long will a particular charge remain on my driving record?  That depends on a number of factors. Is it for a non-moving or moving violation?  Personal vehicle or commercial motor vehicle? Non-moving violations stay on for three years.  Moving violations in a personal vehicle last five to seven years (longer if committed in a CMV). Convictions for OWI remain for 12 years (much longer if involving a CMV). Suspensions can last anywhere from six […]

Read More