Tag: 804.20

OWI and Eluding Charges Amended to Public Intoxication

Okoboji, Dickenson County, Iowa. Operating While Intoxicated, Leaving the Scene of and Accident, and Eluding Charges all resolved with a single plea to a Simple Misdemeanor, Public Intoxication offense after officer was held to have violated defendants right to phone calls. Some cases start off looking like an insurmountable mountains but when the facts start being drawn out the mountain crumbles. Here, GRL’s client facing the possibility of having his driving privileges revoked for an entire year without the possibility of a restricted license because of the Eluding allegation. The officer’s videos refuted the Eluding charge as it was obvious […]

A Blatant Violation – The Right to a Personal Consultation with a Family Member

We cannot make this stuff up. Some things you just have to see to believe. This case was the most blatant violation of an arrested person’s right to consult and see a family member we have seen in a very long time. Iowa law provides that a person who has been arrested has the right to call, consult AND see an attorney, family member, OR BOTH upon their arrival at the place of detention, i.e., the jail. Law enforcement is nor required to tell the person of this right but if a request is made, law enforcement actually commits a […]

Double Violations Results in Dismissal

Sidney, Fremont County, Iowa. OWI 2nd Offense arising out of an accident, dismissed outright after court granted defendant’s motion to suppress evidence. GRL dug into the case and determined that the preliminary breath test calibration logs did not comply with Iowa’s requirements. Additionally, a close review of the video recordings from the police station proved that a separate legal violation occurred by the officer when he refused GRL’s client’s request to call his father prior to making a decision to submit to a breath test at the station. With the test excluded from evidence the prosecution dismissed the charges and […]

Posted on October 28, 2021December 21, 2021
Grant Gangestad
Recent Results

Violation of Right to Contact Family Member Results in OWI Charge Being Dismissed

Humboldt County, Iowa- A GRL Law client was charged with OWI 1st offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon the officer’s violation of the client’s statutory right to contact a family member. After reviewing the video, the prosecutor agreed to stipulate to suppression of the breath test result and amend the charge to a public intoxication and reckless driving. Client avoided jail time, a license revocation, SR-22 insurance, an ignition interlock device requirement, and thousands of dollars in fines.

Iowa Supreme Court Severely Limits Rights of People Under Arrest for OWI

The Iowa Supreme Court took an unfortunate significant step backwards as it relates to the rights of individuals arrested, but not yet formally charged with Operating While Intoxicated, in Iowa. In State v. Sewell, a case argued by GRL Law, Justice Mansfield, delivered the opinion of the court which held a person arrested for Operating While Intoxicated, who has been asked to submit to a breath test, but has not yet been formally charged with the offense, does NOT have the right to a privileged phone call with an attorney. Justice Appel issued a stern dissent, arguing that the request […]

OWI Amended to Public Intoxication Preserves CDL

Another result of our relentless pretrial discovery efforts is now on display in Jasper County. After painstakingly reviewing every word of the implied consent video, we discovered that our client asked for an attorney. The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT. Our client refused. Iowa law provides a limited right to consult with a lawyer while being detained by police. The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation. The result? A simple misdemeanor. No jail. A fine of […]

Posted on May 5, 2021
Colin Murphy
Articles, GRL Law, Recent Results, Uncategorized

GRL Wins DOT and Saves CDL

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing. Most of the time, the driver must first trigger the right by asking for a phone call. In this case, our client told the officer he had an out-of-state CDL. He asked whether implied consent would affect his commercial driver’s license. When the officer said that he couldn’t answer that question, our client replied that he would wait for the lawyer to arrive. The officer immediately requested a breath specimen. Our client refused. GRL Law recently appealed the one year revocation […]

Breath Test Suppressed After Officer Fails to Explain Rights

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing under Iowa Code section 804.20. Most of the time, the driver must first trigger the right by asking for a phone call while in custody. In this case, the officer instead volunteered the opportunity to make “a call” after invoking implied consent. Thinking this was his one and only call, our client wisely requested an explanation. The officer repeated his offer. And then added the call could be placed either before or after chemical testing. Here’s where the officer erred. Section […]

GRL Saves CDL After Officer Unreasonably Limits Phone Calls

When your CDL is at risk for failing a breath test, you need the expertise of the impaired driving defense attorneys at GRL Law. Merely three weeks after suppressing a breath test to save a commercial driver’s license, the firm’s efforts have rescued another CDL holder, this time through the DOT appeal process. The administrative law judge found that the arresting officer provided our client only 14 minutes to place phone calls prior to chemical testing. When the last call attempt went to voice mail at the stroke of the deadline, the officer exclaimed “Times Up!” and took his phone […]

Request to See Husband Denied – Operating While Intoxicated Avoided, Breath Test Refusal Excluded, Driving Privileges Spared

Waukee, Dallas County, Iowa. The prosecution agree that the arresting officer improperly denied GRL Law client’s request to see her husband prior to making a decision to submit to or refuse a breath test after her arrest for operating while intoxicated. With the violation of the law being clear and based upon the rest of the available evidence, the prosecution agreed to amend the charge down to a simple misdemeanor, reckless driving. The exclusion of the breath test refusal at trial also allowed GRL Law to reinstate client’s full driving privileges.