The State cited our client for using a smart phone while driving a commercial motor vehicle. We were prepared to defend the case on the merits when the county attorney realized our client was not using the phone for communication or texting but rather the GPS app. The State moved to dismiss the day before trial. No objection! That’s a NFG.
The State cited our client for a log book violation discovered during a weigh scale inspection. We defended the case on the merits, but also raised challenges to the DOT officer’s notarization of the complaint at the close of the state’s case. The trial court just issued a ruling on our motion for judgment of acquittal two months after trial. Good things come to those who wait! The court dismissed the citation because of an improper notarization. That’s a NFG.
Another CDL ticket trial, another NFG verdict for the driver! Our client was charged with log book violations for not having a few records of duty status in his possession. He was on the road only two days that month when stopped by the Iowa DOT enforcement officer. And the truck was not equipped with an ELD. We argued successfully that our client was at most an intermittent driver. Without proof that his motor carrier required him to maintain paper records, the court dismissed the charge at the State’s cost. Because there was no conviction, the driver will not be […]
The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle. Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no. Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses. Marijuana, amphetamines or any narcotic drug will do the […]
