Tag: Department of Transportation

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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Lawyer Up – Commercial Driving Privileges Saved by Demand for an Attorney

Cedar Rapids, Linn County, Iowa.  Cedar Rapids police officers arrested a commercial truck driver for sleeping in his vehicle in a parking lot.  They charged him with operating while intoxicated since being in control of a motor vehicle that has its engine running technically qualifies as “operation” under Iowa law.  Understandably upset with his situation, GRL’s client demanded to speak with an attorney.  The arresting officer failed to provide the client with an opportunity to contact an attorney and further went on to misinform him that the Iowa OWI would not effect his Wisconsin commercial driving privileges.  Based upon the […]

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Kudos to officer for admitting his error

A Mitchell County client was arrested and charged with OWI.  Upon review of the jail video it was discovered that Client requested to call his attorney when asked to either consent or refuse to the Datamaster.  In response the officer told Client that he had to make a decision first, then he could call his attorney, because the Datamaster was for administrative purposes and a lawyer only applied to the criminal case.  This violated Client’s phone call rights.  To the credit of the officer, he contacted the county attorney, advised him that he made a mistake and that the case […]

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Incomplete PBT Logs Lead to Suppression of Test Result

Polk County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that he complete field sobriety tests, but the client politely refused the tests.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  This prompted the county attorney to suppress the chemical test result 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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Expired Blood Testing Kit Results in Inadmissible Evidence

Calhoun County, Iowa- A GRL Law client was involved in a single vehicle accident and was taken by ambulance to the hospital.  Officers believed that the driver was under the influence of alcohol. Because the client was in the hospital and strapped to a bed, the client was asked by officers to submit a sample of his blood.  He consented.  The officers gave the nurse a testing kit to sample the blood that was expired by almost two years.  GRL attorney Grant Gangestad filed a motion to exclude the blood test results based upon the fact that the kit used […]

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