Tag: Department of Transportation

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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CDL Saved After GRL Law Proves Implied Consent Error

If you read our blog regularly, then you’ve seen several posts this year about GRL Law saving commercial driver licenses from disqualification.  This post is no exception. Another CDL saved? That’s right! Our client was asked to submit a breath sample to determine his alcohol concentration.  He consented to testing after which time the DOT attempted to revoke his driving privileges. A thorough review of the implied consent process revealed the officer made a mistake.  He advised our client that a test failure (over 0.08) results in a one-year disqualification, but a refusal results in a lifetime ban.  That’s not […]

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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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Denial of Independent Test Leads to Suppression of Breath Test Refusal

Polk County, Iowa- A GRL Law client was approached by officers while sleeping in his car in a residential neighborhood with his vehicle running.  Officers suspected that he was under the influence.  The client was taken back to the station where he was asked to consent to a breath test.  The client stated that he wanted to take the test if he could have his blood drawn.  Instead of allowing the client to choose who would come draw his blood for an independent test, the officer called the medical examiner down to draw his blood.  Based upon these circumstances, the […]

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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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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 […]

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DOT Rescinds Revocation for Out-of-State Conviction

The criminal defense attorneys at GRL Law save yet another Iowa driver from a revocation for an out-of-state conviction. The State of Minnesota has a “zero tolerance” DUI law when it comes to underage drivers.  Essentially, any proof of alcohol consumption while driving is evidence enough.  A breath alcohol reading just above zero?  Yes, that would do it. The Iowa DOT received a report of this Minnesota DUI conviction and took steps to impose a revocation on our client’s record. One problem. Iowa doesn’t have a substantially equivalent “zero tolerance” law so a conviction alone didn’t trigger a mandatory revocation. […]

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Search Warrant for Blood? Call GRL Law

There was a time when the impaired driving defense lawyers at GRL Law only encountered search warrants for blood in felony OWI cases.  Especially those involving serious injuries. Those were the days.  The police no longer reserve search warrants for just serious injury accidents.  Now, it seems they pursue blood warrants for all types of cases.  Refuse a preliminary breath test with a prior OWI conviction on your record?  Transported to the hospital where breath testing is not available?  What about the odor of marijuana or the discovery of medication not prescribed to you? It’s common practice today for the […]

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Second Offense OWI Amended Following Suppression of Test Refusal

To the impaired driving defense attorneys at GRL Law, the name of the game is relentless pretrial discovery.  It’s what we do.  Essentially, if there’s a defense, then we’ll find it and leverage it to produce uncommon results. A recent OWI Second Offense charge in western Iowa provides a perfect example of this approach.  After exhaustively reviewing 911 calls, dispatch logs, the dash camera and body camera videos and cross-examining the officer at the DOT hearing (yes, we vigorously defend DOT revocations at hearing), we discovered: The basis for the stop, a “verbal domestic,” was questionable; The officer had no […]

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