GRL Law wins another dismissal for an out-of-state CDL holder.
During a recent CMV speeding interdiction program on Interstate 35, an Iowa State Patrol pilot locked in our driver’s speed at 78 mph from the air. The posted speed limit was 70 mph.
On cross-examination, we established the 400 foot metal tape used by the patrol to measure quarter-mile markings on the interstate was not traceable to NIST. As a result, there was measurement uncertainty not accounted for in the speed calculation.
More importantly, however, we also proved that the citation was not properly notarized.
The Iowa Constitution requires that all cases be tried on information under oath. The State saw the writing on the wall and asked the court to dismiss the charge at the State’s cost.
That’s a NFG for our client.
