Tag: OWI Lawyer

Right Turn Not Wrong Turn

West Des Moines, Polk County, Iowa.  A new officer stopped GRL’s client claiming an improper right turn.  The law requires a right hand turn at an intersection be made into the lane nearest the right hand curb.  GRL Law’s client turned into the far left lane.  However, as it turned out, research revealed that the roadway GRL Law’s client turned from was actually a private drive, not a public highway.  Consequently the right hand turn rule was not applicable.  Ultimately, the prosecution reviewed the entirety of the case and agreed to suppress GRL’s client’s breath test result and resolve the […]

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OWI and Child Endangerment Charges Dismissed

A Dubuque County woman was charged with OWI and two counts of child endangerment after her estranged husband called the cops on her after they got into a verbal argument while swapping visitation of their children.  When officers arrived the husband advised that he wanted them to check his wife to see if she had been drinking, despite him not smelling alcohol or observing any signs that she had been drinking.  Three law enforcement agencies arrived at her residence and spoke with her.  Despite none of them smelling an odor of alcohol or making any observations that led them to […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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THC Metabolites Detected in Urine Following Full-Spectrum CBD Use

The November 4, 2020 issue of JAMA Psychiatry published results from a recent study examining whether the use of full-spectrum CBD from legal hemp (< 0.30% Δ9-THC) would lead to positive urine test results for THC metabolites. It has been often assumed that hemp-derived cannabidiol products will test negative for urinary THC.  However, the study showed that half of subjects tested positive for carboxy-THC, an inactive metabolite of Δ9-THC, after four weeks of daily use.  Samples were initially screened through urine drug assays.  Positive screens were confirmed through gas chromatography-mass spectroscopy. The results suggest that individuals consistently using full-spectrum, hemp-derived […]

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Reckless Driving Causing Death is not a Lesser Offense of OWI Vehicular Homicide

A unanimous Iowa Supreme Court ruled on October 23, 2020 that homicide by reckless driving is not a lesser included offense of homicide by OWI. In State v. Johnson, the defendant argued he was entitled to a jury instruction that his reckless driving, not operating while intoxicated, was the cause of a crash that took the life of passenger in the other vehicle. To determine whether a crime is a lesser included offense, the Court uses the “impossibility” test.  Is it impossible to commit one crime without committing the other?  Does the first (greater) crime include every essential element of […]

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THC Metabolites Remain in Blood for Extended Periods During Abstinence

According to data recently published in the journal Drug and Alcohol Dependence, THC remained detectable in blood at levels greater than 2.0 ng/ml during several days of abstinence. Investigators affiliated with the University of British Columbia reviewed the relevant literature assessing residual THC plasma levels in those who regularly consume cannabis.  They reported: “[I]n all studies where participants were observed for over a day, blood THC [levels] in some participants remained detectable during several days of abstinence,” with some subjects continuing to test positive for up to 30 days. Some subjects also demonstrated a so-called “double hump” pattern “where their […]

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20 Year-Old OWI Charge Amended to Reckless Driving WIN

On September 3, 2020 the Cerro Gordo District Court amended a 20 year-old charge of OWI to reckless driving after GRL Law was retained to do what we do best: uncover and leverage every possible defense to our client’s benefit.  In this case, the initial call to dispatch came from a reserve officer who reportedly observed some careless driving.  The vehicle was being operated, however, in a private parking lot (careless driving under section 321.277A can only be committed on a public road).  Also, there was no allegation linking the driving behavior to drinking alcohol.  Furthermore, the arresting officer pulled […]

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Officer’s failure to timely make a written request for breath test saves license

A Polk County client was detained by West Des Moines Police for suspicion of OWI.  Upon arriving at the station the officer verbally asked for her to submit to a breath test.  20 minutes after she provided the breath sample, the officer made his request for the breath test in written form.  Iowa law requires an officer to make his request for a chemical test in writing prior to the person consenting or refusing.  Due to the officer’s error the State agreed to suppress the breath test results and amend the OWI to reckless driving and public intoxication.  The client […]

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Officer’s refusal to allow phone call to attorney results in reduced charges

A Wapello County man was arrested for OWI and taken to the station for chemical testing.  Upon arrival at the station, Client requested to make phone calls.  The officer allowed him to place phone calls and walked out of the room.  Upon the officer’s return, Client informed him that his friend would be sending him the phone number for an attorney.  The officer informed him that he would not allow any additional time to get the number and to call the attorney.  The Administrative Law Judge agreed that the DOT’s revocation of his driver’s license could not stand due to […]

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