Tag: OWI

Officer Still Doesn’t Understand Need to Turn on Squad Car Video

Greenfield, Adair County, Iowa.  For the second time this year, a Judge ruled that an Adair County Deputy’s stop of a motorist was constitutionally invalid when he followed GRL’s client for miles, claiming that the vehicle weaved within its lane but mysteriously failed to activate his in-car video camera.  The Constitution requires that for an officer to validly stop a motorist, he/she must first have a identifiable traffic offense or reason to believe the individual was engaged in criminal activity. The Adair County Deputy has a history of following motorists for miles and then claiming that they weaved within their […]

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Felony OWI Amended to Public Intoxication

The impaired driving defense attorneys at GRL get results.  A recent case in Mitchell County demonstrates how effective we can be when the stakes are highest. We recently took over a case from another attorney after the State refused to budge on a felony OWI and trial looked inevitable.  After unpacking it, we discovered several important facts that completely changed the dynamic of the case.  We went to work limiting the State’s evidence.  We requested the DataMaster DMT breath test data and noticed the State’s expert witness to appear on our behalf at trial. The result? On the eve of […]

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3 Separate OWI Cases – 3 OWI Charges Avoided – 3 Driver’s Privileges Spared

Waukee, West Des Moines, and Iowa City.  Three separate clients were charged with operating while intoxicated offenses.  In all three cases, GRL saved each client’s driving privileges by prevailing at the Iowa Department of Transportation administrative hearing. In all three cases, the operating while intoxicated criminal accusations were also amended down to simple misdemeanor offenses.  They all happened at different times in different cities but they all ended up being resolved the same week.  Where others may take the easy route of least resistance, GRL stands firm on our clients’ behalves, ensuring that the best possible outcome is obtained for […]

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Amazing Service

Bobby and his team were AMAZING!! They were professional, knowledgeable, timely, thorough, communicated frequently and super easy to work with! They even helped get the appropriate paperwork where it needed to go to help alleviate stress levels. I would recommend them 150%!!! 5.0 stars Posted by anonymousMay 25, 2022

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A Blatant Violation – The Right to a Personal Consultation with a Family Member

We cannot make this stuff up.  Some things you just have to see to believe.  This case was the most blatant violation of an arrested person’s right to consult and see a family member we have seen in a very long time. Iowa law provides that a person who has been arrested has the right to call, consult AND see an attorney, family member, OR BOTH upon their arrival at the place of detention, i.e., the jail.  Law enforcement is nor required to tell the person of this right but if a request is made, law enforcement actually commits a […]

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Crossing Fog Line Is NOT Reason to Believe Driver is Drunk

Atlantic, Cass County, Iowa. The Iowa Supreme Court confirmed what the Iowa Supreme Court said back in 2004, a single, isolated incident of a driver crossing over the fog line (solid white line on edge of road) does not create a sufficient reasonable suspicion that the driver is intoxicated. The facts in the case were captured by way of the Cass County Deputy’s squad car camera and showed that the defendant’s vehicle crossed over the fog line just once as it met the Deputy’s vehicle on a curve.  The Deputy turned around and followed the vehicle and did not observe […]

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I Want to Call to Get Bond–Nope!

Ringgold County, Iowa.  A GRL client recently had an OWI charge amended to reckless driving.  The amended charge was the result of Attorney Matt Lindholm finding a way to get the client’s breath test refusal suppressed.  The client requested an opportunity to place a phone call to secure bond for his release prior to deciding whether to consent or refuse the chemical breath test request and the officer denied the request.  This denial violated Iowa Code Section 804.20 and provided a basis for suppression of the resulting breath test refusal which saved the client’s drivers license and secured the amended […]

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The Law–Just Follow the Law

Polk County, Iowa.   A GRL client recently got an Operating While Intoxicated charge dismissed following a ruling by the court throwing out the breath test refusal.  Attorney Matt Lindholm was able to secure the dismissal for the client after showing that the preliminary breath testing device used in the case did not comply with Iowa’s calibration requirements.  In addition to the charge getting dismissed, the client was able to prevent any loss of his driver’s license.

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Iowa’s OWI Timeline

What is the timeline for an Operating While Intoxicated case in Iowa?  Much of it can depend upon which county the criminal case is filed but there are a number of constants across the board.  Here is an general outline of Iowa’s OWI timeline. It is important to first understand that there are two sides to every operating while intoxicated case.  One is the criminal prosecution, and the other is the driver’s license suspension action.  Each proceeding is triggered by a different event and they each proceed on independent timelines.  Think of them as separate trains moving down separate tracks. […]

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