Tag: CDL License

CDL Saved After GRL Law Proves Implied Consent Error

If you read our blog regularly, then you’ve seen several posts this year about GRL Law saving commercial driver licenses from disqualification.  This post is no exception. Another CDL saved? That’s right! Our client was asked to submit a breath sample to determine his alcohol concentration.  He consented to testing after which time the DOT attempted to revoke his driving privileges. A thorough review of the implied consent process revealed the officer made a mistake.  He advised our client that a test failure (over 0.08) results in a one-year disqualification, but a refusal results in a lifetime ban.  That’s not […]

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NFG! Court Dismisses Speeding Violation Checked by Airplane Against CDL Driver

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 […]

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NFG! CDL Driver Not Guilty of Failing to Yield to Emergency Vehicle

GRL Law saved another out-of-state CDL holder from being convicted of a moving violation. A concerned motorist called in about a load spilling from the back of a semi truck.  A veteran DOT officer found a vehicle matching the description, but the doors to the trailer were closed. He followed the truck for several miles with lights and sirens before the truck pulled over. Our client was charged with failure to yield to an emergency vehicle. On cross-examination, we established the citation was not properly notarized. The Iowa Constitution requires that all cases be tried on information under oath.  The […]

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NFG! Court Dismisses Log Book Violation Against CDL Driver

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 […]

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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 […]

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CDL Saved After OWI Amended to Public Intoxication

The impaired driving attorneys at GRL Law successfully negotiated another resolution to preserve a client’s CDL.  After winning the DOT hearing, we leveraged that result by convincing the county attorney to amend the OWI to public intoxication with a minimum fine of $105 and no jail time.  The DOT would have disqualified the client’s CDL had he pleaded guilty as charged.  The negotiation saved his commercial driving privileges. A tip of the hat to the county attorney who was willing to reevaluate the charge in light of our efforts with the DOT.

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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 […]

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The Collision between CDLs and OWIs in Iowa

I was recently watching videos from an OWI arrest when one of my clients asked the officer, “does the legal limit of .04 for a CDL (i.e. Commercial Driver’s License) holder apply all the time or just when driving a commercial vehicle.”  I was caught off guard because the client was not operating a commercial vehicle when he was stopped but still was under the belief that the legal limit of .04 might apply to him.  The client expressed his belief that his confusion was common with CDL holders.  I began thinking back to my previous cases in which my […]

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