Tag: Eluding

OWI and Eluding Charges Amended to Public Intoxication

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 […]

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Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State did not dispute that a driver cannot violate the particular eluding subsection without also violating the prohibition against possessing marijuana.  Under the legal-elements test that compares two offenses to determine whether it is possible to commit the greater offense without committing the lesser, the crimes […]

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Pretrial Motion to Suppress results in dismissed charges, felony conviction avoided

Cerro Gordo County, Iowa- GRL Law attorney Grant Gangestad filed a motion to suppress evidence based upon various violations of the client’s statutory and constitutional rights. After successful depositions and negotiation with the prosecutor, several charges, including possession of controlled substance and assault with a deadly weapon charges, were dismissed.  The client received a deferred judgment on the remaining charges, avoiding a felony conviction and prison time.

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