Tag: notary

NFG! Reasonable Doubt Driver Traveling 111 MPH in 65 Zone

There is something incredibly satisfying about beating a speeding ticket at trial. Especially when the driver is facing a 310-day license suspension for 46 mph over the legal limit and you’ve tried everything possible to negotiate a resolution to avoid the suspension. That’s what we faced when called to a bench trial recently in west central Iowa.  Our client paid the speeding ticket without knowing he would be suspended by the DOT.  Fortunately, we were able to get the conviction set aside.  That story is probably worth a blog post on its own! But the State wouldn’t budge on the […]

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NFG! Court Dismisses Four Citations Against CDL Driver

GRL Law secures yet another dismissal for a CDL driver.  DOT enforcement stopped our client for driving past an open scale.  The officer conducted a Level I inspection and ultimately cited her for multiple violations. Plea negotiations ended abruptly when the officer refused to cut any slack.  So we tried all four charges to the magistrate. The officer admitted on cross-examination that he was never placed under oath when the citations were “notarized.”  The Iowa Constitution requires that all cases be tried on information under oath. A constitutional violation, you say? The court had no choice but to dismiss all […]

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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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NFG! 78 in 70 Reversed on Appeal

Frequent readers of the GRL Law blog are familiar with the term “NFG.” We also explain it in detail here.  A NFG can occur at trial.  Or, like this case, on appeal. At the close of the state’s case at trial, the criminal defense attorneys at GRL Law moved to dismiss the speeding charge.  Why?  The trooper testified on cross-examination that he was not sworn before a notary at the time he signed the complaint before filing it with the magistrate.  The Iowa Constitution requires a sworn verification. The magistrate refused to grant the judgment of acquittal for our client […]

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