Shelby County, Iowa- A GRL Law client was stopped for allegedly driving while suspended as he pulled into his driveway. The officer ran the client through field sobriety tests and had him blow into a preliminary breath testing device which registered a result under .08. Even though the client blew under the legal limit, the officer believed that he was under the influence of some drug other than alcohol without any specific basis for believing so. The client then provided a breath test, indicating that he was slightly above the legal limit. He was charged with open container, OWI 2nd offense, and driving while suspended. Mr. Gangestad filed a motion to suppress the breath test result. This prompted the county attorney to amend all the charges and have the client plead to a simple misdemeanor traffic ticket of reckless driving.
