Tag: Traffic Stop

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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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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Highly Recommend Colin Murphy

I received a traffic ticket for excessive speeding in my personal vehicle and I have a CDL endorsement.  I was searching for the best lawyer and I definitely found him.  Colin Murphy not only defended the case with professionalism but also was always there to answer my questions. I highly recommend Colin because he pays attention to details and knows how the law functions. I am very thankful for his help and I am glad our paths crossed!   https://www.avvo.com/attorneys/50266-ia-colin-murphy-624792/reviews.html    

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How Long Can an Officer Detain Me During a Traffic Stop?

Have you ever been cruising down the interstate, humming along to one of your favorites on the radio, and enjoying a beautiful day when you look in the rearview mirror and see flashes of blue and red?  You quickly look down at your speedometer.  11 m.p.h. over the speed limit. Your heart sinks.  You pull over to the side of the road. The officer approaches and tells you that you were speeding.  You swallow the lump in your throat as he asks for your license, registration, and insurance. You hand your documents to him and he briefly scans them over.  […]

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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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If you pick another attorney, you’ve made a mistake!

A little over a year ago i was arrested for OWI 1st offence. I’ve never been arrested before and was pretty worked up about the whole situation, not knowing how all of this worked. I called multiple attorneys before speaking with Robert and his team. The others I spoke with treated me as a criminal and like another case they didn’t have time for. You won’t get that with Robert and Mckayla, they are willing to go the extra mile to help you any way they can! As soon as you walk into his office you are treated with kindness […]

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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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Do Marijuana Seeds Still Provide PC to Search?

There was a time when the observation of marijuana seeds on the floorboard of a vehicle provided probable cause to search. Why? Because the definition of “marijuana” under Iowa law includes cannabis seeds. However, with the passage of the Iowa Hemp Act, Iowa Code chapter 204, that may no longer be the case. “Hemp” in Iowa is any part of the cannabis plant with a delta-9 THC concentration of up to 0.3 percent on a dry weight basis.  The definition of hemp also includes seeds.  Hemp is legal to possess in the state of Iowa. Both marijuana and hemp seeds […]

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13.7 Miles and Still No Probable Cause

Greenfield, Adair County, Iowa.  Local deputy followed GRL’s client for 13.7 miles and did not observe a single traffic violation.  Despite this fact, the Deputy still claimed that he had reason to believe the driver was operating while intoxicated and stopped the vehicle.  GRL moved to exclude all evidence obtained as a result of the traffic stop alleging a violation of the Fourth Amendment to the United States Constitution.  The judge agreed, citing the fact that the Deputy failed to activate his squad car camera until he finally turned on his overhead lights and the portion of driving captured on […]

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