Tag: Independent Test

Another Marijuana OWI Win!

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 […]

Read More

Independent Test Requests Mean Something

Madison County, Iowa.  Attorney Matt Lindholm (aka The Wolf), recently found success for his client who was facing a charge of operating while intoxicated.  The client requested an independent test following the submission to the breath test at the station but the officer who arrested the client dictated where that independent test would be conducted.  Attorney Lindholm filed a motion to suppress arguing that the breath test results were not admissible because she was not allowed an “independent test” since the officer dictated where the test was going to be done.  The judge agreed and suppressed the breath test results.  […]

Read More

Late Night Parking

Winnebago County, Iowa.  A client facing an OWI charge in Winnebago County after being stopping while parked in a parking lot late at night made the right decision by hiring GRL Attorney Matt Lindholm (aka The Wolf).  After reviewing the video footage from the officer’s investigation Attorney Lindholm filed a motion to suppress arguing that the clients was subjected to an unreasonable search and seizure because he was not engage in any suspicious activity when he was stopped and that his rights to an independent test were violated.  Upon review of the motion to suppress, the State agreed and dismissed […]

Read More

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 […]

Read More