Tag: commercial motor vehicle enforcement

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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NFG! Court Dismisses CDL Hours of Service Violation

The State cited our client for a log book violation discovered during a weigh scale inspection.   We defended the case on the merits, but also raised challenges to the DOT officer’s notarization of the complaint at the close of the state’s case. The trial court just issued a ruling on our motion for judgment of acquittal two months after trial.  Good things come to those who wait! The court dismissed the citation because of an improper notarization. That’s a NFG. 

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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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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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