Tag: driving under the influence

ALL CHARGES DISMISSED due to Faulty PBT Logs

Wright County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that she complete field sobriety tests, and the client submitted to that request.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  The breath test result was excluded from trial and all charges were […]

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Incomplete PBT Logs Lead to Suppression of Test Result

Polk County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that he complete field sobriety tests, but the client politely refused the tests.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  This prompted the county attorney to suppress the chemical test result and […]

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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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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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OWI 2nd offense amended to Reckless Driving

Shelby County, Iowa- A GRL Law client was stopped for allegedly driving while suspended as he pulled into his driveway.  The officer ran the client through field sobriety tests and had him blow into a preliminary breath testing device which registered a result under .08.  Even though the client blew under the legal limit, the officer believed that he was under the influence of some drug other than alcohol without any specific basis for believing so.  The client then provided a breath test, indicating that he was slightly above the legal limit.  He was charged with open container, OWI 2nd […]

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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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THC Levels Do Not Predict Driving Impairment

The February 5, 2021 issue of Traffic Injury Prevention published results from an Australian study assessing the relationship between THC levels and driving performance.   Volunteers consumed vaporized cannabis samples of varying potencies containing THC, CBD and a placebo.  Blood and saliva samples were collected 30 minutes after inhalation and 3.5 hours later.  Researchers evaluated driving performance on a simulator. Nearly half of the participants failed to show driving impairment after 30 minutes despite showing THC levels above the per se limits, e.g., 5 ng/ml.  Several participants did show impairment at the 3.5 hour mark, but their THC levels were below […]

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