Tag: operating while intoxicated

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 […]

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Felony OWI Amended to Public Intoxication

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 […]

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Marijuana OWI Dismissed

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 […]

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NFG! First Three-Word Verdict of 2023 in Guthrie County OWI

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 […]

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CDL Saved After Urine Test Results Suppressed

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 […]

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OWI Amended Down to Public Intoxication

West Des Moines, Polk County, Iowa.  What started as an Operating While Intoxicated, was resolved with an amendment down to Public Intoxication.  GRL’s client was stopped for speeding.  He politely declined to submit to field sobriety testing and further politely declined to submit to the DataMaster breath test at the station.  Lacking evidence of impairment, the prosecution agreed to amend the charge down to a simple misdemeanor, public intoxication.

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Toxicology Results Released in Fatal Johnston Motorcycle Accident

When a very experienced prosecutor from a county attorney’s office that aggressively prosecutes vehicular death cases dismisses a death-related charge outright, one should stop, contemplate, and ask, what more to this story has not been told?  For Makenna Streff, there is much more to the story than has been reported relating to the traffic accident that took the life of Landon Crabtree.  It is her turn to share her side of the story. Headlines have read: “Woman who caused deadly motorcycle crash to stay out of prison.”  “Iowa mother furious over charges in deadly crash.” They plaster Makenna’s name and […]

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Video Doesn’t Lie

Boone County, Iowa.  Not to long ago many interactions with police officers were not captured on video but today most if not all interactions with police officers are captured on video.  Thankfully for a recent client of attorney Matt Lindholm the video saved the day allowing him to secure a dismissal of his client’s OWI charge and ultimately saving the client’s driver’s license.  Attorney Lindholm was able to enhance the video to show that the officer’s description of the client’s eyes during the HGN test was not supported by the video.  The video further failed to depict any significant signs […]

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Don’t Answer this Question During an OWI Traffic Stop

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 […]

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