Northwood, Worth County, Iowa. The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test.
A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether:
- The deputy lacked reasonable suspicion to detain the driver;
- The deputy unreasonably prolonged the traffic stop to await a drug dog;
- The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search;
- The handler cued the drug dog to alert;
- The deputy lacked reasonable grounds to invoke implied consent and request a urine sample;
- The PBT test was invalid because the monthly accuracy checks used an expired dry gas standard; and
- The deputy failed to properly advise the driver after she triggered her right to independent chemical testing.
A favorable ruling on any one of those issues would have suppressed the results of a urine test. However, after reviewing the firm’s 26-page court filing in support of the motion to suppress, the State essentially conceded that suppression was the proper outcome and moved to dismiss the OWI charge on the basis of reasonable doubt. GRL Law commends the county attorney for his candor in ensuring that justice was done under these circumstances.
The favorable suppression ruling will enable GRL Law to rescind the revocation from our client’s driving record and reinstate her driving privileges.
This is another great example of identifying and developing winning issues in OWI cases. Once the chemical test result is rendered inadmissible, the State is typically unable to prove impairment beyond a reasonable doubt without a DRE evaluation, which is why the OWI charge is often dismissed.