Today, the magistrate court dismissed charges against a GRL Law client whose dog bit a DMPD officer.
The evidence showed the officer attempted to coax our client into the common area of her downtown loft to "discuss" a complaint. However, when she declined, the officer crossed the threshold of the door to arrest her.
That's when the owner's small dog intervened and caused $80.00 in damage to the officer's tactical pants.
We believed there was a defense to the merits because the ordinance requires proof that the owner "allowed" the dog to cause damage property. Hard to "allow" damage when you are...
GRL Law received a ruling today that suppressed the results of a breath test taken by a CDL holder.
We discovered the officer made a mistake during the implied consent advisory. He advised the driver that a test failure results in a one-year disqualification, but a refusal results in a lifetime ban on his commercial driving privileges.
That’s not the law, of course, but the mistaken advisory provides a pretty compelling reason to consent, doesn't it?
The district court thought the same. The driver's consent was not the product of a reasoned and informed decision.
That means the driver's CDL privileges remain intact...
Cedar Rapids, Linn County, Iowa. Cedar Rapids police officers arrested a commercial truck driver for sleeping in his vehicle in a parking lot. They charged him with operating while intoxicated since being in control of a motor vehicle that has its engine running technically qualifies as "operation" under Iowa law. Understandably upset with his situation, GRL's client demanded to speak with an attorney. The arresting officer failed to provide the client with an opportunity to contact an attorney and further went on to misinform him that the Iowa OWI would not effect his Wisconsin commercial driving privileges. Based upon...