Category: Articles

Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

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Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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Don’t Answer this Question During an OWI Traffic Stop

The drunk driving lawyers at GRL Law routinely advise people what to do during a traffic stop. For example, you should provide your license, registration and proof of insurance upon request.  And, if the officer asks you to step out of your car, then follow those directions. But when it comes to field sobriety tests, you can politely decline.  A preliminary breath test?  Sure, if they agree to show you the result. However, there is one question that you should never answer at the roadside. “So, on a scale of zero to ten, with zero being the most sober and […]

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How Long Can an Officer Detain Me During a Traffic Stop?

Have you ever been cruising down the interstate, humming along to one of your favorites on the radio, and enjoying a beautiful day when you look in the rearview mirror and see flashes of blue and red?  You quickly look down at your speedometer.  11 m.p.h. over the speed limit. Your heart sinks.  You pull over to the side of the road. The officer approaches and tells you that you were speeding.  You swallow the lump in your throat as he asks for your license, registration, and insurance. You hand your documents to him and he briefly scans them over.  […]

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Objections to Inadmissible Evidence in Drug Crime Trials Must be Specific

On September 21, 2022 the Iowa Court of Appeals affirmed felony convictions for possession with intent to deliver methamphetamine and drug tax stamps in State v. Hansel. The ruling provides a great reminder to drug crime attorneys on the proper way to object to evidence, especially “prior bad acts” testimony. In this case, the arresting officer volunteered the defendant had numerous outstanding warrants including one for assault.  Defense counsel simply interjected, “Your Honor,” without making a specific objection.  It was enough to prevent any further prior bad acts from entering the record, but the toothpaste was obviously now out of […]

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Suspension, Revocation, Bar, Habitual Offender, Habitual Violator: What’s the difference?

In Iowa, a person can have their driver’s license taken from them in a number of ways.  For example, a person can be suspended for non-payment of fines, revoked for an operating while intoxicated test refusal or result over the legal limit of drugs and/or alcohol, or barred for other serious violations. It’s important to note that being suspended, revoked, or barred all carry special meanings under Iowa law. A suspension means that you have lost your permission from the Iowa Department of Transportation to drive for a certain period of time.  Typically, you are looking at a suspension for […]

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Study Finds No Association Between CBD Use and Liver Abnormalities

The medical journal Cannabis and Cannabinoid Research recently published an article examining the relationship between CBD and liver function. Researchers affiliated with UCLA and the University of Buffalo assessed nearly 1500 volunteers who consumed oral CBD products for a minimum of 30 days. The authors identified “no relationship between continuing to take CBD, daily dose of CBD and ALT [an enzyme found mostly in the liver] levels or change in ALT elevation severity.”  Elevated levels of the enzyme can indicate liver disease.

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Should Iowa Dispensaries Offer Smokable Cannabis?

Iowa’s medical cannabidiol program needs a boost. Marijuana extracts containing THC and CBD have been available to qualifying medical patients now for three years. The products are safe to use.  And the risk of diversion is virtually non-existent. While the program is slowly growing, it may not be fast enough to keep the doors open.  Total sales statewide this year through October total $4.9 million.  By comparison, the State of Missouri sold $24.2 million in October alone. What’s the solution? Smokable cannabis. Iowa already allows vape extracts.  We also grant reciprocity for out-of-state medical marijuana products.  So, it’s not too […]

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