Tag: DOT

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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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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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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GRL Saves CDL After Officer Unreasonably Limits Phone Calls

When your CDL is at risk for failing a breath test, you need the expertise of the impaired driving defense attorneys at GRL Law. Merely three weeks after suppressing a breath test to save a commercial driver’s license, the firm’s efforts have rescued another CDL holder, this time through the DOT appeal process. The administrative law judge found that the arresting officer provided our client only 14 minutes to place phone calls prior to chemical testing.  When the last call attempt went to voice mail at the stroke of the deadline, the officer exclaimed “Times Up!” and took his phone […]

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PBT Log Out of Date = License Saved and OWI Avoided

Fort Dodge, Webster County, Iowa.  GRL Law’s investigation revealed that the arresting officer failed to keep his Preliminary Breath Test (PBT) devise properly calibrated and documented as required by Iowa law.  The officer based his request for a breath sample at the station upon the PBT test result.  Failure to comply with the calibration, documentation and reporting requirements required that the judge disregard the preliminary breath sample result.  Without that result, the officer did not have the legal requirements to invoke the procedures of Iowa’s implied consent law.  As a consequence of all of this, the Iowa DOT could not […]

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DOT Suspension Reversed for School Bus Passing WIN!

You never intended to pass that school bus, the one with the flashing amber lights and extended stop arm.  But it happened.  In fact, it happens to the very best drivers across the state every day. The police officer hands you a citation with a court date and says something about probably paying a small fine.  You make your court date and the judge mentions the fine again.  You plead guilty and pay the clerk of court on your way out.  Walking back to your car, you say to yourself, “That wasn’t so bad.” Then, a week or so later, […]

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