Tag: speeding

NFG! Reasonable Doubt Driver Traveling 111 MPH in 65 Zone

There is something incredibly satisfying about beating a speeding ticket at trial. Especially when the driver is facing a 310-day license suspension for 46 mph over the legal limit and you’ve tried everything possible to negotiate a resolution to avoid the suspension. That’s what we faced when called to a bench trial recently in west central Iowa.  Our client paid the speeding ticket without knowing he would be suspended by the DOT.  Fortunately, we were able to get the conviction set aside.  That story is probably worth a blog post on its own! But the State wouldn’t budge on the […]

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NFG! Court Dismisses Speeding Violation Checked by Airplane Against CDL Driver

GRL Law wins another dismissal for an out-of-state CDL holder. During a recent CMV speeding interdiction program on Interstate 35, an Iowa State Patrol pilot locked in our driver’s speed at 78 mph from the air.  The posted speed limit was 70 mph. On cross-examination, we established the 400 foot metal tape used by the patrol to measure quarter-mile markings on the interstate was not traceable to NIST.  As a result, there was measurement uncertainty not accounted for in the speed calculation. More importantly, however, we also proved that the citation was not properly notarized. The Iowa Constitution requires that […]

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NFG! 78 in 70 Reversed on Appeal

Frequent readers of the GRL Law blog are familiar with the term “NFG.” We also explain it in detail here.  A NFG can occur at trial.  Or, like this case, on appeal. At the close of the state’s case at trial, the criminal defense attorneys at GRL Law moved to dismiss the speeding charge.  Why?  The trooper testified on cross-examination that he was not sworn before a notary at the time he signed the complaint before filing it with the magistrate.  The Iowa Constitution requires a sworn verification. The magistrate refused to grant the judgment of acquittal for our client […]

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GRL Overturns License Suspension for Driver Traveling 100 MPH

The traffic ticket defense lawyers at GRL Law field calls regularly from drivers cited for excessive speed.  More often than not, it’s only after they receive a suspension notice from the Iowa DOT. That’s right.  The consequences of pleading guilty are more than just the fine, surcharge and court costs.  The DOT can suspend the privileges of anyone convicted for speeding more than 24 miles over the posted limit or what is referred to as a “serious violation.” The minimum suspension for a serious violation is 60 days (25 mph over) while the maximum is one year (49 mph or […]

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CDL Disqualification for Moving Violations

The Iowa DOT will disqualify your CDL if you are convicted of certain moving violations.  These include: Operating a CMV upon a highway without a CDL or commercial learner’s permit Operating a CMV upon a highway without the proper class of CDL, commercial learner’s permit for the specific vehicle group or for the passengers or type of cargo being transported Speeding 15 mph or more over the legal speed limit Reckless driving Any violation of the traffic laws, except a parking or vehicle weight violation, which arises in connection with a fatal traffic accident Following another motor vehicle too closely […]

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Class D Felony Marijuana Charge Dismissed WIN

New Hampton, Chickasaw County, Iowa.  A traffic stop for speeding by an out-of-state driver on Interstate 35 led to a warrantless probable cause search of the vehicle based on the odor of marijuana.  Deputies located significant quantities of marijuana flower in a glass jar in the passenger compartment and charged our client with both felony and misdemeanor possession under Iowa Code section 124.401.  The class D felony charge was punishable by an indeterminate term of prison of up to 5 years and a fine of $7,500. Both the stop and the search were legal under Iowa law.  However, as a […]

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Client’s Driver’s License Saved After Successful Re-Opening of Closed Case

Franklin County, Iowa- A GRL Client was pulled over for going 106 in a 70 mile per hour zone.  She had a Minnesota driver’s license and paid the ticket without realizing that it would cause an automatic license revocation of her privileges in both Iowa and Minnesota.  Grant Gangestad was successful in getting the matter re-opened, amended to a different charge, and saving the client’s license.  No revocation or SR-22 insurance requirement was imposed.

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