Articles Archives - Page 8 of 13

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 […]

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 […]

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 […]

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 […]

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 […]

Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa. A traffic stop on I-35 led to the discovery of marijuana in a car trunk. The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense. This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it. That requires evidence that the passenger not only knew […]

Marijuana and Alcohol Combine to Affect Driving Performance

The February 5, 2021 issue of Psychopharmacology published data from a Canadian study assessing the effect of both THC and alcohol on driving performance. Regular users of cannabis participated in simulated driving sessions after smoking marijuana (12.5% THC) and drinking alcohol (target breath alcohol 0.08%). Researchers discovered the driving performance after ingesting both marijuana and alcohol “was significantly greater than the effect of each drug by itself.” This included the test subjects’ reaction time as well as their ability to maintain speed and lateral position. The suggested additive effect of marijuana and alcohol on driving performance is consistent with prior […]

NOT GUILTY VERDICT IN UNLAWFUL PASSING TRIAL

Washington, Polk County, Iowa. On February 26, 2021 a magistrate judge found our client not guilty following a bench trial for unsafe passing of a snow plow on a two-lane highway. We established that the snow plow does not yield at a stop sign, but rather slowly pulls out onto the highway at 10 mph. Our client is 100 feet from the intersection traveling 45 mph. There is no choice but to pass the snow plow on the left to avoid a rear-end collision. The pass is nearly complete when the snow plow attempts a left-hand turn 200 feet ahead. […]

The Number One Reason Why Seized Property Claims Fail

When the task force takes property from a citizen without consent, it becomes “seized” property. Iowa law provides specific rules for making a claim for the return of property seized under these circumstances. If the rules are not followed to the letter, then it is all but impossible for the rightful owner to recover. This is true even when police illegally seized the property in the first place. The seized and forfeited property attorneys at GRL Law know a recoverable claim when they see it. If there is but one reason why most owners fail to recover their seized property, […]

Iowa Should Seek Federal Exemption for State Marijuana Laws

Another year, another flurry of legislative activity regarding the decriminalization of marijuana in Iowa. The latest iteration introduced today in the Judiciary Committee is SF 406. There is certainly plenty to like in the bill. Simple possession of less than 30 grams of marijuana flower is legal. Accommodation of up to an ounce without remuneration? Legal. Gatherings? Again, legal. Retail marijuana cultivation and sales permitted. But the Iowa legislature continues to overlook one critical issue. Marijuana remains a Schedule I controlled substance at the federal level. So, the specter of federal prohibition and prosecution continues to be ever present. Yes, […]

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