Tag: Commercial Motor Vehicle

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

CDL Disqualification for Moving Violations

The Iowa DOT will disqualify your CDL if you are convicted of certain moving violations.  These include: Operating a CMV upon a highway without a CDL or commercial learner’s permit Operating a CMV upon a highway without the proper class of CDL, commercial learner’s permit for the specific vehicle group or for the passengers or type of cargo being transported Speeding 15 mph or more over the legal speed limit Reckless driving Any violation of the traffic laws, except a parking or vehicle weight violation, which arises in connection with a fatal traffic accident Following another motor vehicle too closely […]

Read More

Consequences of Marijuana Possession in a Commercial Motor Vehicle

The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle.  Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no.  Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses.   Marijuana, amphetamines or any narcotic drug will do the […]

Read More