Tag: commercial drivers

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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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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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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Breath Test Suppressed After Deputy Misadvises CDL Holder

GRL Law received a ruling today that suppressed the results of a breath test taken by a CDL holder. We discovered the officer made a mistake during the implied consent advisory.  He advised the driver that a test failure results in a one-year disqualification, but a refusal results in a lifetime ban on his commercial driving privileges.  That’s not the law, of course, but the mistaken advisory provides a pretty compelling reason to consent, doesn’t it? The district court thought the same.  The driver’s consent was not the product of a reasoned and informed decision. That means the driver’s CDL […]

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NFG! Court Dismisses Charge Against CDL Driver

The State cited our client for driving an unsafe vehicle after the trailer detached from his rig while on the highway.  The evidence showed the kingpin likely failed after the driver’s last inspection. We defended the case on the merits, but also raised challenges to the citation process and notarization at the close of the state’s case. The trial court finally issued a ruling on our motion for judgment of acquittal.  It was certainly worth the six-month wait! The court dismissed the citation because of a lack of compliance with Iowa Code section 805.6 with costs assessed to the State. […]

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NFG! Court Dismisses Four Citations Against CDL Driver

GRL Law secures yet another dismissal for a CDL driver.  DOT enforcement stopped our client for driving past an open scale.  The officer conducted a Level I inspection and ultimately cited her for multiple violations. Plea negotiations ended abruptly when the officer refused to cut any slack.  So we tried all four charges to the magistrate. The officer admitted on cross-examination that he was never placed under oath when the citations were “notarized.”  The Iowa Constitution requires that all cases be tried on information under oath. A constitutional violation, you say? The court had no choice but to dismiss all […]

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