Tag: Drunk Driving Rights

Boating Privileges Saved

Appanoose County, Iowa- A GRL Law client was charged with Boating While Intoxicated (BWI), Second Offense. A conviction for BWI 2nd offense results in a minimum fine of $1,000, seven days in county jail, completing a substance abuse evaluation and completing all recommended treatment, and a loss of the person’s boating privileges for two years.  Mr. Gangestad and the county attorney were able to successfully negotiate a non-BWI resolution, with the client paying a $200 fine.  Jail time was avoided and the client’s boating privileges were spared.

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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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Should Hospitals Refuse to Comply with Blood Draw Warrants?

There is a growing trend in Iowa when it comes to OWI investigations, particularly those involving drugs other than alcohol. Peace officers are bypassing the standard implied consent procedures and seeking search warrants for blood instead. It’s not just for situations involving deaths or potentially fatal injuries.  Yes, there’s a law authorizing search warrants in those specific situations.  We’re talking here about regular, vanilla OWI traffic stops.  The run of the mill variety that happen every day across the state. Police have the discretion to apply for general search warrants even for ordinary cases if they want a blood sample […]

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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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Violation of Right to Contact Family Member Results in OWI Charge Being Dismissed

Humboldt County, Iowa- A GRL Law client was charged with OWI 1st offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon the officer’s violation of the client’s statutory right to contact a family member.  After reviewing the video, the prosecutor agreed to stipulate to suppression of the breath test result and amend the charge to a public intoxication and reckless driving. Client avoided jail time, a license revocation, SR-22 insurance, an ignition interlock device requirement, and thousands of dollars in fines.

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Kudos to officer for admitting his error

A Mitchell County client was arrested and charged with OWI.  Upon review of the jail video it was discovered that Client requested to call his attorney when asked to either consent or refuse to the Datamaster.  In response the officer told Client that he had to make a decision first, then he could call his attorney, because the Datamaster was for administrative purposes and a lawyer only applied to the criminal case.  This violated Client’s phone call rights.  To the credit of the officer, he contacted the county attorney, advised him that he made a mistake and that the case […]

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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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Motion to Suppress Evidence of Traffic Stop Results in Amendment of Felony Charge

Webster County, Iowa- A GRL Law client was charged with OWI 3rd offense, a lifetime 5th OWI offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon an illegal and unconstitutional traffic stop of the client’s vehicle.  After reviewing the video, the prosecutor agreed to amend the charge to a 1st offense. Client avoided prison time and thousands of dollars in fines.

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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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