Tag: driver’s license

Iowa’s OWI Timeline

What is the timeline for an Operating While Intoxicated case in Iowa?  Much of it can depend upon which county the criminal case is filed but there are a number of constants across the board.  Here is an general outline of Iowa’s OWI timeline. It is important to first understand that there are two sides to every operating while intoxicated case.  One is the criminal prosecution, and the other is the driver’s license suspension action.  Each proceeding is triggered by a different event and they each proceed on independent timelines.  Think of them as separate trains moving down separate tracks. […]

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NFG for CDL Driver Charged with Following Too Closely

On February 3, 2022, the Worth County Magistrate found our client not guilty of the charge of Following Too Closely. An Iowa State Trooper testified that two semi-trucks passed him in the left lane.  The rear truck, which was operated by our client, was within five feet of the other. However, the trooper had not observed that the lead truck was actually right behind him and pulled into the left lane at 60 mph, cutting off our client.  The trooper was traveling 52 mph in the right lane. Our client was traveling 65 miles per hour pulling a fully loaded […]

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Bad Urine Test Results

Taylor County, Iowa.  A GRL client’s operating while intoxicated charges were recently reduced when it was determined that the urine test in her case was obtained in violation of the collection procedures adopted by the Iowa Division of Criminal Investigation.  After conducting a thorough investigation, attorney Matt Lindholm found that the officer failed to collect a second void of the client’s urine for testing and used a testing kit that had an expired expiration date.  As a result, the State agreed that the urine test results could not be admitted as evidence and the charge was ultimately reduced to reckless […]

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CDL Saved After State Amends OWI Charge

The drunk driving lawyers at GRL Law successfully negotiated yet another resolution to preserve a client’s CDL. After winning the DOT and suppression hearings, we leveraged those results by convincing the county attorney to amend the OWI to public intoxication and reckless driving with no jail time. The DOT would have disqualified the client’s CDL had he pleaded guilty as charged even though we prevented the implied consent revocation from taking effect. Our negotiation saved his commercial driving privileges after we won the DOT hearing. A shout out to the prosecutor who was willing to reevaluate the charge in light […]

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To Light or Not to Light

Boone County, Iowa.  A GRL client recently had an operating while intoxicated charge dismissed following a ruling by the court indicating that the stop of the clients vehicle violated the Fourth Amendment of the United States Constitution.  The client was stopped because the officer believed his license plate light was not illuminated.  However, attorney Matt Lindholm was able to break down the video footage from the patrol car camera and body camera to show various instances where the license plate was clearly illuminated.  As a result, all evidence obtained following the stop of the client’s vehicle was thrown out and […]

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Suspension, Revocation, Bar, Habitual Offender, Habitual Violator: What’s the difference?

In Iowa, a person can have their driver’s license taken from them in a number of ways.  For example, a person can be suspended for non-payment of fines, revoked for an operating while intoxicated test refusal or result over the legal limit of drugs and/or alcohol, or barred for other serious violations. It’s important to note that being suspended, revoked, or barred all carry special meanings under Iowa law. A suspension means that you have lost your permission from the Iowa Department of Transportation to drive for a certain period of time.  Typically, you are looking at a suspension for […]

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Misleading Advice

Appanoose County, Iowa.  A GRL clients drunk driving charges were amended to public intoxication which saved saved an OWI from being entered on his criminal record and prevented a loss of his driver’s license.  The amendment of the charge was completed after attorney Matt Lindholm reviewed the case and found that the arresting officer misinformed the client about the applicability of the urine test that was being requested.  The officer misinformed him that the test was only for DOT purposes and that it did not have anything to do with the criminal proceedings which was incorrect.  As a result, the […]

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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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