Tag: criminal defense

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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2022 Year in Review

What. A. Year!  2022 was a whirlwind at GRL.  The year seemed like it was in non-stop fast-forward from the very beginning.  Cases backlogged by COVID were finally able to proceed.  Insurance companies that had been sitting on their reserves throughout COVID finally found themselves staring down the reality of a jury trial on civil cases and saw the writing on the wall.  When trials are available, things begin to move.  Move they certainly did. The Civil Division secured over 5 MILLION dollars in verdicts and settlements making a positive impact for GRL’s clients and the community.  Founding Partner Cory […]

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Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

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Open Door Policy

Boone County, Iowa.  Attorney Matt Lindholm recently represented a client facing multiple drug charges following an investigation for a motorist who ran off the road and through the field.  Officers responded the clients house to investigate the failure to maintain control.  When the client answered the door he asked to be able to put some shoes on and went back in the house to do so.  The investigating officer decided to follow the client into the house without his permission and observed narcotics forming the basis of the charge.  This entry was illegal and after attorney Lindholm filed a motion […]

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Involuntary Manslaughter and Operating While Intoxicated Charges DISMISSED

Johnston, Polk County, Iowa.  What started as an arrest for Operating While Intoxicated progressed to felony offense of Involuntary Manslaughter, but was ultimately resolved with a traffic citation for Failure to Yield Upon a Left-Hand Turn.  GRL’s client experienced a roller-coaster ride of emotion following a tragic car accident.  Client was initially suspected of being intoxicated but subsequent blood tests established an alcohol concentration well within the legal range.  Because the operator of the other vehicle involved in the accident died, while unable to prove operating while intoxicated, the prosecution amended to charge to Involuntary Manslaughter.  This charge requires the […]

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4/20 Conviction for Drug Paraphernalia Reversed on Appeal

The drug crime attorneys at GRL were in the news again recently after a successful appeal ruling. We persuaded the district court that a Benton County magistrate judge made a mistake in finding a container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414. We proved that substantial evidence did not support the interpretation of the paraphernalia statute as it applied to this container.  Had the county instead charged it under the local municipal ordinance, which is much broader than the statute, then things might have turned out differently. It pays to know […]

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Court Grants GRL Motion to Dismiss Drug Charge

On November 28, 2022, the district court in Pocahontas County granted our application to dismiss a possession charge based on a violation of the one-year speedy trial provisions in Iowa Rule of Criminal Procedure 2.33. We were able to demonstrate that the state did not bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances. GRL took over the defense of this case from another firm and stood ready to defend the charge based on a constructive possession defense.  We believed there was […]

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Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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3rd Times a Charm

Story County, Iowa.  Attorney Matt Lindholm was hired to represent a client charged with sex abuse who was facing a third trial after the first two trials resulted in hung juries.  The client was represented by a different attorney on the first two trials and decided that he wanted to change his strategy for the third trial.  After reviewing the forensic interview, it was determined that the nature of the allegation occurred while the client was asleep which meant that there was no possibility the client could have violated the law.  A polygraph examination was also completed and confirmed that […]

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Don’t Answer this Question During an OWI Traffic Stop

The drunk driving lawyers at GRL Law routinely advise people what to do during a traffic stop. For example, you should provide your license, registration and proof of insurance upon request.  And, if the officer asks you to step out of your car, then follow those directions. But when it comes to field sobriety tests, you can politely decline.  A preliminary breath test?  Sure, if they agree to show you the result. However, there is one question that you should never answer at the roadside. “So, on a scale of zero to ten, with zero being the most sober and […]

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