Tag: Colin Murphy

How Long Does a Traffic Ticket Stay on My Record?

The traffic ticket defense attorneys at GRL Law receive calls from time to time with questions about moving violations.  One of the most common questions?  How long will a particular charge remain on my driving record?  That depends on a number of factors. Is it for a non-moving or moving violation?  Personal vehicle or commercial motor vehicle? Non-moving violations stay on for three years.  Moving violations in a personal vehicle last five to seven years (longer if committed in a CMV). Convictions for OWI remain for 12 years (much longer if involving a CMV). Suspensions can last anywhere from six […]

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Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew […]

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Marijuana and Alcohol Combine to Affect Driving Performance

The February 5, 2021 issue of Psychopharmacology published data from a Canadian study assessing the effect of both THC and alcohol on driving performance. Regular users of cannabis participated in simulated driving sessions after smoking marijuana (12.5% THC) and drinking alcohol (target breath alcohol 0.08%). Researchers discovered the driving performance after ingesting both marijuana and alcohol “was significantly greater than the effect of each drug by itself.”  This included the test subjects’ reaction time as well as their ability to maintain speed and lateral position.  The suggested additive effect of marijuana and alcohol on driving performance is consistent with prior […]

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NOT GUILTY VERDICT IN UNLAWFUL PASSING TRIAL

Washington, Polk County, Iowa.  On February 26, 2021 a magistrate judge found our client not guilty following a bench trial for unsafe passing of a snow plow on a two-lane highway. We established that the snow plow does not yield at a stop sign, but rather slowly pulls out onto the highway at 10 mph.  Our client is 100 feet from the intersection traveling 45 mph.  There is no choice but to pass the snow plow on the left to avoid a rear-end collision.  The pass is nearly complete when the snow plow attempts a left-hand turn 200 feet ahead.  […]

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The Number One Reason Why Seized Property Claims Fail

When the task force takes property from a citizen without consent, it becomes “seized” property.  Iowa law provides specific rules for making a claim for the return of property seized under these circumstances.  If the rules are not followed to the letter, then it is all but impossible for the rightful owner to recover.  This is true even when police illegally seized the property in the first place. The seized and forfeited property attorneys at GRL Law know a recoverable claim when they see it. If there is but one reason why most owners fail to recover their seized property, […]

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Iowa Should Seek Federal Exemption for State Marijuana Laws

Another year, another flurry of legislative activity regarding the decriminalization of marijuana in Iowa.  The latest iteration introduced today in the Judiciary Committee is SF 406. There is certainly plenty to like in the bill.  Simple possession of less than 30 grams of marijuana flower is legal.  Accommodation of up to an ounce without remuneration?  Legal.  Gatherings?  Again, legal.  Retail marijuana cultivation and sales permitted. But the Iowa legislature continues to overlook one critical issue. Marijuana remains a Schedule I controlled substance at the federal level.   So, the specter of federal prohibition and prosecution continues to be ever present. Yes, […]

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Snitch Beats Rap After Task Force FUBAR

On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward.  Should the court enforce a plea agreement against the State when the informant does what the prosecutor specifically asked as part of the plea agreement? Here, the informant faced 40 years in prison for methamphetamine and heroin possession.  She made a proffer to the task force and agreed to testify against another party […]

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THC Levels Do Not Predict Driving Impairment

The February 5, 2021 issue of Traffic Injury Prevention published results from an Australian study assessing the relationship between THC levels and driving performance.   Volunteers consumed vaporized cannabis samples of varying potencies containing THC, CBD and a placebo.  Blood and saliva samples were collected 30 minutes after inhalation and 3.5 hours later.  Researchers evaluated driving performance on a simulator. Nearly half of the participants failed to show driving impairment after 30 minutes despite showing THC levels above the per se limits, e.g., 5 ng/ml.  Several participants did show impairment at the 3.5 hour mark, but their THC levels were below […]

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Challenging Vehicle Inventory Searches

The drug defense attorneys at GRL Law are known for aggressively challenging searches by police, particularly those arising from vehicle inventories.  Those searches occur after police impound a car following a traffic stop.  Before towing, police will inventory the contents to protect primarily against claims of lost or stolen property.  Police often locate drugs and paraphernalia during the course of the inventory and bring additional charges against the occupants. It should come as no surprise that police often abuse their authority to initiate inventory searches as a means to poke around the car without a warrant when they have no […]

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Don’t Pay an Overweight Truck Ticket Without First Consulting GRL

The CDL traffic ticket defense lawyers at GRL Law represent local and out-of-state drivers, trucking companies and owner-operators cited with overweight violations throughout the State of Iowa. When it comes to overweight axle or gross weight violations, you should always remember this Murphy’s Law:  Don’t pay the ticket without consulting GRL first. Overweight fines for single or tandem axles and gross weight violations are thousands of dollars per ticket.  Unpaid fines will result in the loss of your CDL privileges. If you simply pay the fine, then you waive your right to a jury trial and the matter is reported […]

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