Tag: dismissal

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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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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GRL Saves License After Driver Cited for 30 mph Over

The traffic ticket defense attorneys at GRL Law save yet another driver’s license from suspension.  A conviction for driving more than 24 mph over the posted speed limit carries a hefty fine.  It also constitutes a “serious violation” for DOT purposes.  The Iowa DOT typically suspends a license for 90 days for a conviction of 30 mph over.  And requires expensive SR22 insurance for two years.  Speeding is a moving violation, too, so a conviction can also be used to separately suspend driving privileges for young drivers with a restricted license. In this case, we were able to negotiate a […]

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Public Intoxication Charge Dismissed at State’s Cost

Sometimes police are way too aggressive in their attempts to ferret out crime.  When that occurs, the criminal defense attorneys at GRL Law are often called to secure justice for the accused. A perfect example of this happened recently in Ankeny. Our client was simply walking on a sidewalk when the police approached in a patrol car.  Small talk soon led to a request for field sobriety and breath testing, both of which were politely refused.  When the officer announced he was making an arrest, our client offered a breath test. The result? 0.019 percent alcohol.  Maybe a beer’s worth.  […]

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State Dismisses “Dreamer’s” OWI Charge

GRL Law successfully persuaded the State to dismiss an OWI charge against our client, a “Dreamer” who participates in the Deferred Action for Childhood Arrival (DACA) program. DACA provides a work permit and legal immigration status to young, undocumented individuals brought as young children to the United States.  A conviction for DUI/OWI in Iowa counts as a “significant misdemeanor” under federal immigration law, which disqualifies a Dreamer from renewing their DACA status and makes them immediately subject to deportation. The drinking driver attorneys at GRL Law reviewed every bit of pretrial discovery in a bid to shelter the driver from […]

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Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew […]

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OWI Second Offense Dismissed

Appanoose County – Client was stopped by law enforcement for having an auxiliary light bar installed in the front grill of his vehicle.  Client was ultimately charged with OWI 2nd Offense.  The officer alleged the light bar was illegal because it had multiple led bulbs.  Iowa Code section 321.403 states “Any motor vehicle may be equipped with not to exceed three auxiliary driving lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet […]

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Farm On!

Adams County, Iowa.  An Adams County farmer will keep farming thanks to GRL Law’s 12-step OWI defense review of his operating while intoxicated case.  GRL Law’s review of the case revealed that the preliminary breath test unit that was used to initially test our client had been calibrated with an alcohol standard that had expired eight months earlier.  Further investigation also revealed that the officer had not received the required updated training certification required to operate the DataMaster breath test machine used to test GRL Law’s client at the police department.  All of this allowed for GRL Law to exclude […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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