Clive, Polk County, Iowa. Felony drunk driving accusation dismissed outright after the court concluded that the stop of GRL Law’s client was illegal and violated the Fourth Amendment to the United States Constitution. A thorough investigation into all of the facts surrounding the case revealed the client’s step-son actually set him up to be pulled over for operating while intoxicated. The evidence established that the step-son called GRL’s client requesting delivery of his inhaler to his location. Immediately after GRL’s client agreed to bring the inhaler, the step-son immediately called 9-1-1 to report his step-father as driving while intoxicated. Law enforcement stopped GRL’s client based solely on the telephone call of the step-son who had not observed the client at all that evening. The court correctly concluded that law enforcement was not justified in stopping the vehicle when the caller had not made any actual observations of the defendant prior to the stop. OWI 3rd Offense charge dismissed outright and driving privileges spared.
