Tag: trial lawyers

Breath Test Suppressed After Officer Fails to Explain Rights

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing under Iowa Code section 804.20.  Most of the time, the driver must first trigger the right by asking for a phone call while in custody. In this case, the officer instead volunteered the opportunity to make “a call” after invoking implied consent.  Thinking this was his one and only call, our client wisely requested an explanation.  The officer repeated his offer.  And then added the call could be placed either before or after chemical testing. Here’s where the officer erred. Section […]

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How Long Does a Traffic Ticket Stay on My Record?

The traffic ticket defense attorneys at GRL Law receive calls from time to time with questions about moving violations.  One of the most common questions?  How long will a particular charge remain on my driving record?  That depends on a number of factors. Is it for a non-moving or moving violation?  Personal vehicle or commercial motor vehicle? Non-moving violations stay on for three years.  Moving violations in a personal vehicle last five to seven years (longer if committed in a CMV). Convictions for OWI remain for 12 years (much longer if involving a CMV). Suspensions can last anywhere from six […]

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Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew […]

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NOT GUILTY VERDICT IN UNLAWFUL PASSING TRIAL

Washington, Polk County, Iowa.  On February 26, 2021 a magistrate judge found our client not guilty following a bench trial for unsafe passing of a snow plow on a two-lane highway. We established that the snow plow does not yield at a stop sign, but rather slowly pulls out onto the highway at 10 mph.  Our client is 100 feet from the intersection traveling 45 mph.  There is no choice but to pass the snow plow on the left to avoid a rear-end collision.  The pass is nearly complete when the snow plow attempts a left-hand turn 200 feet ahead.  […]

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Snitch Beats Rap After Task Force FUBAR

On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward.  Should the court enforce a plea agreement against the State when the informant does what the prosecutor specifically asked as part of the plea agreement? Here, the informant faced 40 years in prison for methamphetamine and heroin possession.  She made a proffer to the task force and agreed to testify against another party […]

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Don’t Pay an Overweight Truck Ticket Without First Consulting GRL

The CDL traffic ticket defense lawyers at GRL Law represent local and out-of-state drivers, trucking companies and owner-operators cited with overweight violations throughout the State of Iowa. When it comes to overweight axle or gross weight violations, you should always remember this Murphy’s Law:  Don’t pay the ticket without consulting GRL first. Overweight fines for single or tandem axles and gross weight violations are thousands of dollars per ticket.  Unpaid fines will result in the loss of your CDL privileges. If you simply pay the fine, then you waive your right to a jury trial and the matter is reported […]

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GRL Saves CDL with DOT WIN

The drug defense attorneys at GRL Law prove once again that preparation is everything when it comes to implied consent testing and DOT administrative hearings.  This is especially true when it involves professional CDL drivers and forensic drug testing. In this case, a DOT officer assigned to an I-35 weigh station in North Iowa believed he had reasonable grounds to invoke implied consent and request a urine sample under Iowa Code section 321J.6 based on the discovery of a small amount of marijuana and an admission to smoking the previous evening.  When the sample came back positive for non-impairing metabolites […]

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The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis.  This is especially true when police charge a driver with possession for weed located under a passenger’s seat.    Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control.  The same […]

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Knowledge of Drug Residue Can Be Inferred from Evidence

In State v. Hummell, No. 19-1691 (Nov. 30, 2020), the Iowa Court of Appeals reminds the criminal defense bar that a defendant’s knowledge of contraband can be inferred from evidence. The facts are pretty straightforward.  Police seized a broken glass vial with a white powdery substance from Hummell’s pocket following his arrest.  Hummell claimed that he regularly picked up random items from the ground and pocketed them.  The residue later tested positive for methamphetamine. In order to support a conviction for possession of a controlled substance, the State is required to prove two elements beyond a reasonable doubt: That the […]

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Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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