Tag: Results – Drunk Driving

OWI Blood Test Result – Not Guilty

Indianola, Warren County, Iowa.  A Warren County Jury found GRL’s client NOT GUILTY at trial.  In an unusual case, GRL’s client was prosecuted for OWI after another driver who was high on methamphetamine, crossed the center line and hit him in a head-on collision.  GRL’s client was taken to the hospital for medical treatment and even though officers did not observe any evidence of impairment, a search warrant was obtained and his blood was withdrawn.  The test result was .084 nearly four hours after the accident.  After careful consideration of all of the evidence the jury found GRL’s client NFG.

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Vehicular Homicide x 3 DISMISSED

Osceola, Clarke County, Iowa.  Three Vehicular Homicide charges were dismissed against GRL’s client less than a month before trial was set to commence.  GRL’s client was accused of Vehicular Homicide by Reckless Driving after a vehicle he was driving was struck by a train.  The three occupants of the vehicle were tragically killed in the accident, including GRL’s client’s sister.  Despite there being no evidence of impairment or excessive speed, Clarke County filed the charges against the defendant, who was 16-years-old at the time of the accident. GRL’s investigation quickly uncovered the fact that the Stop Ahead sign that Clarke […]

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Never Disclose Prescription Medications to Law Enforcement During a Traffic Stop

Winterset, Madison County, Iowa.  GRL has been warning anyone who will listen NOT to disclose prescription medications to law enforcement during a traffic stop.  This most recent GRL NFG demonstrates precisely why this is.  GRL’s client provided a breath sample of .037 but disclosed that he was taking his non-controlled substance medication.  The urine test that GRL’s client consented to confirmed the presence of only the prescription medication.  A young and aggressive officer, fresh off of training for driving while drugged investigations, even with the test results, still charged GRL’s client with Operating While Intoxicated and Child Endangerment.  Thankfully, GRL […]

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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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Prosecutor Rebuffs Reasonable Resolution, Loses Entire Case. Operating While Intoxicated Charge and License Suspension Beat

Corning, Adams County, Iowa.  Prior to a hearing on defendant’s motion to suppress evidence, defendant offered to plead to an amended charge of Reckless Driving with the requirement of completing the operating while intoxicated weekend class.  The prosecution would have none of it choosing instead to go forward with the hearing.  At the hearing, the Sheriff’s Deputy was caught changing his sworn testimony multiple times.  Ultimately, the court concluded that the Deputy did not have a lawful reason to pull the defendant over and excluded all evidence obtained as a result of the stop.  Prosecutor is left with no evidence […]

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Involuntary Manslaughter and Operating While Intoxicated Charges DISMISSED

Johnston, Polk County, Iowa.  What started as an arrest for Operating While Intoxicated progressed to felony offense of Involuntary Manslaughter, but was ultimately resolved with a traffic citation for Failure to Yield Upon a Left-Hand Turn.  GRL’s client experienced a roller-coaster ride of emotion following a tragic car accident.  Client was initially suspected of being intoxicated but subsequent blood tests established an alcohol concentration well within the legal range.  Because the operator of the other vehicle involved in the accident died, while unable to prove operating while intoxicated, the prosecution amended to charge to Involuntary Manslaughter.  This charge requires the […]

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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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