Tag: driver’s license

Did A Glich In The DOT Computer Cause You A Longer License Suspension

A few weeks back a client called and advised that he received a ticket for “Approaching Certain Stationary Vehicles,” in violation of Iowa Code section 321.323A.  He paid the citation and now was looking at a DOT notice stating he would be losing his driver’s license for 180 days.  The notice stated he was not entitled to an appeal. Iowa Code section 321.323A requires that when you approach a stationary emergency vehicle that is displaying flashing lights, you must approach with caution and either 1) make a lane change if possible; 2) if a lane change is impossible, prohibited by […]

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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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OWI Amended to Public Intoxication Preserves CDL

Another result of our relentless pretrial discovery efforts is now on display in Jasper County.  After painstakingly reviewing every word of the implied consent video, we discovered that our client asked for an attorney.  The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT.  Our client refused. Iowa law provides a limited right to consult with a lawyer while being detained by police.   The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation. The result?  A simple misdemeanor.  No jail.  A fine of […]

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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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NFG! 78 in 70 Reversed on Appeal

Frequent readers of the GRL Law blog are familiar with the term “NFG.” We also explain it in detail here.  A NFG can occur at trial.  Or, like this case, on appeal. At the close of the state’s case at trial, the criminal defense attorneys at GRL Law moved to dismiss the speeding charge.  Why?  The trooper testified on cross-examination that he was not sworn before a notary at the time he signed the complaint before filing it with the magistrate.  The Iowa Constitution requires a sworn verification. The magistrate refused to grant the judgment of acquittal for our client […]

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GRL Wins DOT and Saves CDL

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing.  Most of the time, the driver must first trigger the right by asking for a phone call. In this case, our client told the officer he had an out-of-state CDL.  He asked whether implied consent would affect his commercial driver’s license.  When the officer said that he couldn’t answer that question, our client replied that he would wait for the lawyer to arrive. The officer immediately requested a breath specimen.  Our client refused. GRL Law recently appealed the one year revocation […]

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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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CDL Saved After OWI Amended to Public Intoxication

The impaired driving attorneys at GRL Law successfully negotiated another resolution to preserve a client’s CDL.  After winning the DOT hearing, we leveraged that result by convincing the county attorney to amend the OWI to public intoxication with a minimum fine of $105 and no jail time.  The DOT would have disqualified the client’s CDL had he pleaded guilty as charged.  The negotiation saved his commercial driving privileges. A tip of the hat to the county attorney who was willing to reevaluate the charge in light of our efforts with the DOT.

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A Deferred Judgment Does Count – Felony Domestic Assault Reduced – OWI Charge Dismissed

Garner, Hancock County, Iowa.  Felony Domestic Abuse allegation reduced to a simple misdemeanor and OWI accusation dismissed.  A thorough investigation into the circumstances of the allegations revealed that the arresting officer improperly informed GRL Law’s client that his prior deferred judgment for operating while intoxicated did not count as a prior offense.  This misinformation, when pointed out, resulted in the license suspension being reversed by the Iowa Department of Transportation which also saved client’s commercial drivers license.  The operating while intoxicated criminal accusation was consequently dismissed.  The initial felony charge related to allegations of domestic abuse assault was ultimately reduced […]

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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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