Marion County Client Avoids OWI
Marion County client has breath test suppressed and avoids OWI conviction
Marion County client has breath test suppressed and avoids OWI conviction
Providing incorrect information about a commercial driver’s license prevented the State from suspending a drivers license for a failed breath test.
The failure to maintain calibration records for preliminary breath testing devices prohibited the DOT from suspending a driver’s license for an OWI arrest.
A request by an officer to terminate efforts to secure an attorney after being only afforded eighteen minutes violated Iowa Code Section 804.20.
Court determined that the officer did not have sufficient probable cause or reasonable suspicion in order to stop the vehicle.
GRL Law takes over blood test case and discovers problems with test that result in it being excluded from trial. Charges dismissed and license saved.
A motion to suppress was filed challenging the admissibility of the blood test result obtained from the Defendant on the basis that the officer did not have “reasonable grounds” to believe the Client operated a motor vehicle while intoxicated at the time the blood test was obtained
DOT Officer informing client that there were greater penalties for refusing than taking and failing a breath test result in test result being excluded and charge amended down to a Public Intoxication.
Question of whether a DOT officer can stop a non-commercial motor vehicle for speeding results in reduced charges
Squad car recording and sworn testimony leave no other conclusion but that the officer did not have a legal basis to stop client’s vehicle.