On September 12, 2024 Colin Murphy presented at the annual Iowa State Bar Association’s Bridge the Gap Seminar in Des Moines. The presentation focused on recurring issues in drugged driving cases. In particular, Colin demonstrated how defense attorneys can defend against OWI-drug charges involving marijuana. The drug defense attorneys at GRL Law frequently speak at these events to educate both the bench and bar on emerging legal issues.
The district court in northwest Iowa recently granted the State’s Motion to Dismiss following a ruling suppressing the results of a blood test obtained through implied consent. The drugged driving attorneys at GRL Law challenged the test results under Iowa Code section 321J.11, the state’s independent testing law. The state trooper originally requested a urine sample. Our client agreed and also requested a blood sample. Under Iowa law, you can get an independent sample as long as you take the officer’s requested test. Rather than obtain both a urine and blood sample, however, the trooper simply changed his request to […]
Follow the process. That’s what the drunk driving defense lawyers at GRL Law do with every OWI. We meticulously sift through every bit of evidence in a case. Every second of video. Each word of an officer’s narrative. All in search of a defense. And when we find that gold nugget? It can change everything. Take a recent felony OWI matter in southern Iowa. The Iowa State Patrol claimed our client “refused” a urine test for marijuana metabolites. The stakes were definitely high. Felony OWI convictions can result in lengthy prison or jail sentences and long license revocations. By applying […]
GRL recently secured another NFG when the Bremer County Attorney dismissed a marijuana OWI on the eve of trial. While there were a number of problems with the state’s case, the one that tipped the scales the most was the officer’s plain view observation of “marijuana bud” in the passenger compartment. That turned out to be a piece of Lactuca sativa otherwise know as . . . Wait for it. Lettuce. That’s right. He seized that other green leafy substance popular with salads and wraps. And framed the rest of his investigation from the standpoint of marijuana impairment. At least he […]
Okoboji, Dickenson County, Iowa. Operating While Intoxicated, Leaving the Scene of and Accident, and Eluding Charges all resolved with a single plea to a Simple Misdemeanor, Public Intoxication offense after officer was held to have violated defendants right to phone calls. Some cases start off looking like an insurmountable mountains but when the facts start being drawn out the mountain crumbles. Here, GRL’s client facing the possibility of having his driving privileges revoked for an entire year without the possibility of a restricted license because of the Eluding allegation. The officer’s videos refuted the Eluding charge as it was obvious […]
NOT GUILTY! Best words a Mom could hear! Bobby took my son’s case to trial and because of his vast knowledge of Iowa law and the complexities of a DUI case my son was acquitted by the jury. Just because you’re charged doesn’t mean you’re guilty. I highly recommend hiring Bobby! 5.0 stars Posted by KrisJuly 30, 2023
A unanimous Guthrie County jury returned the first NFG of the year yesterday following a two-day OWI trial. It took just under 30 minutes for the jury to say GRL’s client was not guilty. Two seasoned Guthrie County Sheriff deputies testified that they believed the driver was intoxicated based on their training and experience. And the State argued the jury could consider his eventual refusal to submit to breath testing was a tacit admission that he would blow over the legal limit. As you have come to expect, GRL took another very difficult defense case and turned it on its […]
In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances? We think not. As a result, we were able to not only suppress the urine test, but […]
Corning, Adams County, Iowa. Prior to a hearing on defendant’s motion to suppress evidence, defendant offered to plead to an amended charge of Reckless Driving with the requirement of completing the operating while intoxicated weekend class. The prosecution would have none of it choosing instead to go forward with the hearing. At the hearing, the Sheriff’s Deputy was caught changing his sworn testimony multiple times. Ultimately, the court concluded that the Deputy did not have a lawful reason to pull the defendant over and excluded all evidence obtained as a result of the stop. Prosecutor is left with no evidence […]
The drunk driving lawyers at GRL Law routinely advise people what to do during a traffic stop. For example, you should provide your license, registration and proof of insurance upon request. And, if the officer asks you to step out of your car, then follow those directions. But when it comes to field sobriety tests, you can politely decline. A preliminary breath test? Sure, if they agree to show you the result. However, there is one question that you should never answer at the roadside. “So, on a scale of zero to ten, with zero being the most sober and […]
