Tag: CDL

NFG! Reasonable Doubt Driver Traveling 111 MPH in 65 Zone

There is something incredibly satisfying about beating a speeding ticket at trial. Especially when the driver is facing a 310-day license suspension for 46 mph over the legal limit and you’ve tried everything possible to negotiate a resolution to avoid the suspension. That’s what we faced when called to a bench trial recently in west central Iowa.  Our client paid the speeding ticket without knowing he would be suspended by the DOT.  Fortunately, we were able to get the conviction set aside.  That story is probably worth a blog post on its own! But the State wouldn’t budge on the […]

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CDL Saved After Urine Test Results Suppressed

In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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Highly Recommend Colin Murphy

I received a traffic ticket for excessive speeding in my personal vehicle and I have a CDL endorsement.  I was searching for the best lawyer and I definitely found him.  Colin Murphy not only defended the case with professionalism but also was always there to answer my questions. I highly recommend Colin because he pays attention to details and knows how the law functions. I am very thankful for his help and I am glad our paths crossed!   https://www.avvo.com/attorneys/50266-ia-colin-murphy-624792/reviews.html    

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Routine Random Stop of Commercial Vehicle Deemed Unconstitutional

Des Moines, Polk County, Iowa.  GRL Law has long argued that Department of Transportation Commercial Motor Vehicle Enforcement Officers cannot legally stop commercial drivers without reasonable suspicion of a law violation.  It has long been the practice of Iowa law enforcement officers to randomly stop commercial vehicles to weigh them or check compliance with regulations.  Back in 2016 in a blog titled A case for Truck Drivers and the Fourth Amendment, we set out our contention that the Fourth Amendment to the United States Constitution requires either law enforcement to have a stationary checkpoint or a reasonable suspicion of a […]

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Commercial Driver’s License Error

Commercial driver’s licenses are a staple for many people to make a living thus, when that staple gets threatened because of an arrest for operating while intoxicated, the stakes are often enhanced.  The law requires that officers provide accurate information to arrestees facing a decision whether to consent or refuse chemical testing following an arrest for OWI and providing inaccurate information can be fatal to the State’s case.  A recent GRL client was vindicated of his OWI charge and both his non-commercial and commercial driver’s licenses were sparred when Attorney Matt Lindholm determined the officer incorrectly advised him about the […]

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NFG for CDL Driver Charged with Following Too Closely

On February 3, 2022, the Worth County Magistrate found our client not guilty of the charge of Following Too Closely. An Iowa State Trooper testified that two semi-trucks passed him in the left lane.  The rear truck, which was operated by our client, was within five feet of the other. However, the trooper had not observed that the lead truck was actually right behind him and pulled into the left lane at 60 mph, cutting off our client.  The trooper was traveling 52 mph in the right lane. Our client was traveling 65 miles per hour pulling a fully loaded […]

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CDL Saved After State Amends OWI Charge

The drunk driving lawyers at GRL Law successfully negotiated yet another resolution to preserve a client’s CDL. After winning the DOT and suppression hearings, we leveraged those results by convincing the county attorney to amend the OWI to public intoxication and reckless driving with no jail time. The DOT would have disqualified the client’s CDL had he pleaded guilty as charged even though we prevented the implied consent revocation from taking effect. Our negotiation saved his commercial driving privileges after we won the DOT hearing. A shout out to the prosecutor who was willing to reevaluate the charge in light […]

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Preliminary Breath Test Logs Strike Again

Carroll, Carroll County, Iowa.  A commercial vehicle driver’s driving privileges were spared and the Operating While Intoxicated accusation was dismissed outright after it was discovered that the preliminary breath test (PBT) log did not comply with Iowa requirements. A preliminary breath test device is the breath test that law enforcement requests out on the road, prior to making a decision to bring a driver in for further testing.  It does not have all of the built-in safeguards that the DataMaster breath test has at the station.  Because of what the court has described as “inherent unreliability” of the PBT, law […]

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