Tag: Iowa DOT

Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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NFG! Court Dismisses CDL Hours of Service Violation

The State cited our client for a log book violation discovered during a weigh scale inspection.   We defended the case on the merits, but also raised challenges to the DOT officer’s notarization of the complaint at the close of the state’s case. The trial court just issued a ruling on our motion for judgment of acquittal two months after trial.  Good things come to those who wait! The court dismissed the citation because of an improper notarization. That’s a NFG. 

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CDL Saved After GRL Law Proves Implied Consent Error

If you read our blog regularly, then you’ve seen several posts this year about GRL Law saving commercial driver licenses from disqualification.  This post is no exception. Another CDL saved? That’s right! Our client was asked to submit a breath sample to determine his alcohol concentration.  He consented to testing after which time the DOT attempted to revoke his driving privileges. A thorough review of the implied consent process revealed the officer made a mistake.  He advised our client that a test failure (over 0.08) results in a one-year disqualification, but a refusal results in a lifetime ban.  That’s not […]

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NFG! Court Dismisses Speeding Violation Checked by Airplane Against CDL Driver

GRL Law wins another dismissal for an out-of-state CDL holder. During a recent CMV speeding interdiction program on Interstate 35, an Iowa State Patrol pilot locked in our driver’s speed at 78 mph from the air.  The posted speed limit was 70 mph. On cross-examination, we established the 400 foot metal tape used by the patrol to measure quarter-mile markings on the interstate was not traceable to NIST.  As a result, there was measurement uncertainty not accounted for in the speed calculation. More importantly, however, we also proved that the citation was not properly notarized. The Iowa Constitution requires that […]

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NFG! CDL Driver Not Guilty of Failing to Yield to Emergency Vehicle

GRL Law saved another out-of-state CDL holder from being convicted of a moving violation. A concerned motorist called in about a load spilling from the back of a semi truck.  A veteran DOT officer found a vehicle matching the description, but the doors to the trailer were closed. He followed the truck for several miles with lights and sirens before the truck pulled over. Our client was charged with failure to yield to an emergency vehicle. On cross-examination, we established the citation was not properly notarized. The Iowa Constitution requires that all cases be tried on information under oath.  The […]

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Did A Glich In The DOT Computer Cause You A Longer License Suspension

A few weeks back a client called and advised that he received a ticket for “Approaching Certain Stationary Vehicles,” in violation of Iowa Code section 321.323A.  He paid the citation and now was looking at a DOT notice stating he would be losing his driver’s license for 180 days.  The notice stated he was not entitled to an appeal. Iowa Code section 321.323A requires that when you approach a stationary emergency vehicle that is displaying flashing lights, you must approach with caution and either 1) make a lane change if possible; 2) if a lane change is impossible, prohibited by […]

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DOT Rescinds Revocation for Out-of-State Conviction

The criminal defense attorneys at GRL Law save yet another Iowa driver from a revocation for an out-of-state conviction. The State of Minnesota has a “zero tolerance” DUI law when it comes to underage drivers.  Essentially, any proof of alcohol consumption while driving is evidence enough.  A breath alcohol reading just above zero?  Yes, that would do it. The Iowa DOT received a report of this Minnesota DUI conviction and took steps to impose a revocation on our client’s record. One problem. Iowa doesn’t have a substantially equivalent “zero tolerance” law so a conviction alone didn’t trigger a mandatory revocation. […]

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GRL Saves License After Driver Cited for 30 mph Over

The traffic ticket defense attorneys at GRL Law save yet another driver’s license from suspension.  A conviction for driving more than 24 mph over the posted speed limit carries a hefty fine.  It also constitutes a “serious violation” for DOT purposes.  The Iowa DOT typically suspends a license for 90 days for a conviction of 30 mph over.  And requires expensive SR22 insurance for two years.  Speeding is a moving violation, too, so a conviction can also be used to separately suspend driving privileges for young drivers with a restricted license. In this case, we were able to negotiate a […]

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