Tag: Department of Transportation

Another Marijuana OWI Win!

The district court in northwest Iowa recently granted the State’s Motion to Dismiss following a ruling suppressing the results of a blood test obtained through implied consent. The drugged driving attorneys at GRL Law challenged the test results under Iowa Code section 321J.11, the state’s independent testing law. The state trooper originally requested a urine sample.  Our client agreed and also requested a blood sample. Under Iowa law, you can get an independent sample as long as you take the officer’s requested test. Rather than obtain both a urine and blood sample, however, the trooper simply changed his request to […]

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Felony OWI Amended to Public Intoxication

Follow the process.  That’s what the drunk driving defense lawyers at GRL Law do with every OWI. We meticulously sift through every bit of evidence in a case.  Every second of video.  Each word of an officer’s narrative.  All in search of a defense.   And when we find that gold nugget?  It can change everything. Take a recent felony OWI matter in southern Iowa.  The Iowa State Patrol claimed our client “refused” a urine test for marijuana metabolites. The stakes were definitely high.  Felony OWI convictions can result in lengthy prison or jail sentences and long license revocations. By applying […]

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OWI and Eluding Charges Amended to Public Intoxication

Okoboji, Dickenson County, Iowa. Operating While Intoxicated, Leaving the Scene of and Accident, and Eluding Charges all resolved with a single plea to a Simple Misdemeanor, Public Intoxication offense after officer was held to have violated defendants right to phone calls.  Some cases start off looking like an insurmountable mountains but when the facts start being drawn out the mountain crumbles.  Here, GRL’s client facing the possibility of having his driving privileges revoked for an entire year without the possibility of a restricted license because of the Eluding allegation.  The officer’s videos refuted the Eluding charge as it was obvious […]

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NFG! Reasonable Doubt Driver Traveling 111 MPH in 65 Zone

There is something incredibly satisfying about beating a speeding ticket at trial. Especially when the driver is facing a 310-day license suspension for 46 mph over the legal limit and you’ve tried everything possible to negotiate a resolution to avoid the suspension. That’s what we faced when called to a bench trial recently in west central Iowa.  Our client paid the speeding ticket without knowing he would be suspended by the DOT.  Fortunately, we were able to get the conviction set aside.  That story is probably worth a blog post on its own! But the State wouldn’t budge on the […]

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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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Highly Recommend Colin Murphy

I received a traffic ticket for excessive speeding in my personal vehicle and I have a CDL endorsement.  I was searching for the best lawyer and I definitely found him.  Colin Murphy not only defended the case with professionalism but also was always there to answer my questions. I highly recommend Colin because he pays attention to details and knows how the law functions. I am very thankful for his help and I am glad our paths crossed!   https://www.avvo.com/attorneys/50266-ia-colin-murphy-624792/reviews.html    

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3 Separate OWI Cases – 3 OWI Charges Avoided – 3 Driver’s Privileges Spared

Waukee, West Des Moines, and Iowa City.  Three separate clients were charged with operating while intoxicated offenses.  In all three cases, GRL saved each client’s driving privileges by prevailing at the Iowa Department of Transportation administrative hearing. In all three cases, the operating while intoxicated criminal accusations were also amended down to simple misdemeanor offenses.  They all happened at different times in different cities but they all ended up being resolved the same week.  Where others may take the easy route of least resistance, GRL stands firm on our clients’ behalves, ensuring that the best possible outcome is obtained for […]

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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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