Polk County, Iowa. A GRL client recently got an Operating While Intoxicated charge dismissed following a ruling by the court throwing out the breath test refusal. Attorney Matt Lindholm was able to secure the dismissal for the client after showing that the preliminary breath testing device used in the case did not comply with Iowa’s calibration requirements. In addition to the charge getting dismissed, the client was able to prevent any loss of his driver’s license.
Union County, Iowa. A GRL client recently had charges for possession of a dangerous weapon, possession of marijuana, and operating while intoxicated charges dismissed. The dismissal was entered by the prosecuting attorney after attorney Matt Lindholm filed a motion to suppress alleging that evidence in the case was obtained illegally as a result of a pat down search in violation of the client’s rights under the Fourth Amendment of the United States Constitution.
Johnson County, Iowa. A GRL client recently had his operating while intoxicated charge reduced to public intoxication. Attorney Matt Lindholm filed a motion to suppress on the client’s behalf arguing that he was never informed about his right to confidential communications following the request for privacy on his phone calls. Iowa Code Section 804.20 provides that a person can call, consult, and see an attorney, family member, or both following their arrest. If a person requests a confidential phone call, the officer must inform them about their rights to confidentiality pursuant to this code section and the failure to do […]
The state recently moved to amend a charge to public intoxication from OWI in a North Iowa case involving a test refusal. Why the amendment? The drunk driving attorneys at GRL Law were prepared to show that our client, a lifetime smoker, never refused testing. Instead, the officer deemed her to have refused after a third incomplete DataMaster DMT test. The multiple incomplete tests were due to our client’s inability to provide an acceptable breath sample meeting all of the test parameters. Nothing more. The officer could have instead requested that she submit a sample of blood or urine. Those […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
