Colin Christopher Murphy
PRO

Colin Christopher Murphy's Legal Cases (183)

West Des Moines, IA

Drug Crime Lawyer at West Des Moines, IA

Practice Areas: Drug Crime, DUI & DWI

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DUI and DWI

State v. D.B., Iowa District Court for Cerro Gordo County No. OWOM008617

May 10, 2023

OUTCOME: Felony OWI Dismissed

Our client was charged with OWI with a test refusal. He had two prior out-of-state convictions within the past 12 years so we anticipated the State would file a trial information for a third offense, ... which is a class D felony in Iowa. However, the State missed the 45-day deadline for filing. When this was brought to the prosecutor's attention, the State dismissed rather than attempt to show good cause for the delay.

DUI and DWI

G.A. v. Iowa Dept. of Transp., 23DOTOW1656

May 02, 2023

OUTCOME: Driver's License Revocation Rescinded

On May 2, 2023 the Administrative Law Judge rescinded the revocation of our client's driving privileges following a breath test result over 0.08. We were able to successfully argue that the predicate ... conditions for invoking implied consent, which included a PBT refusal and an arrest for OWI, were not met. There being no other grounds upon which the officer could invoke, he was not authorized to request a breath sample for testing on the DataMaster DMT.

Speeding and traffic ticket

State v. Y.M., Iowa District Court for Polk County No. STA1104498

May 01, 2023

OUTCOME: CDL Charge Dismissed

On May 1, 2023 the magistrate judge accepted the State's motion to dismiss on the ground that insufficient evidence supported the Iowa State Patrol trooper's decision to cite our client, a CDL operator ... , with failure to wear a seat belt. We demonstrated with the ELD data that the vehicle was not in "forward motion on a street or highway" as required by Iowa Code section 321.445 at the time the trooper made the observation.

DUI and DWI

State v. D.W., Iowa District Court for Guthrie County No. OWCR022187

Apr 05, 2023

OUTCOME: Not Guilty Verdict

A unanimous Guthrie County jury returned the first NFG of the year following a two-day OWI trial. It took just under 30 minutes for the jury to say GRL’s client was not guilty. Two seasoned Guthr ... ie County Sheriff deputies testified that they believed the driver was intoxicated based on their training and experience. And the State argued the jury could consider his eventual refusal to submit to breath testing was a tacit admission that he would blow over the legal limit. As you have come to expect, GRL took another very difficult defense case and turned it on its head. This was no longer about a driver who was under the influence. The case morphed quickly into one about a failure to investigate. So, the State was forced to spend much of the trial explaining how the dearth of evidence amounted to guilt beyond a reasonable doubt. And when you are explaining, you are losing. NFG

Criminal defense

State v. M.E., Iowa District Court for Webster County No. STA1089490

Apr 05, 2023

OUTCOME: Not Guilty As Charged

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 speed. The traffic ticket attorneys at GRL Law threw everything at the defense. Including no fewer than three possible constitutional violations involved with the citation. But we couldn’t get it dismissed. In the end, despite a locked-in radar reading of 111 mph and testimony by the trooper, we argued reasonable doubt. And the magistrate agreed! He found the driver guilty instead of traveling 80 mph in a 65, a speed to which he admitted traveling when confronted by the trooper at the roadside. We’ll take it! It avoids any suspension whatsoever. And its less than what we offered to plead prior to trial. I don’t know if the defense will be around for the next aggravated speeding case. It will depend on the facts. But if you or anyone you know was clocked at more than 95 mph, then you should contact GRL Law for a consultation. We just may be able to avoid a suspension for you, too.

Drug Crime

State v. S.M., Iowa District Court for Buchanan County No. SRCR085587

Feb 24, 2023

OUTCOME: Drug Charges Dismissed

On February 24, 2023 the district court had no choice but to grant the State's motion to dismiss after ruling that all evidence seized following a search of our client's commercial motor vehicle was su ... ppressed from evidence. Our client was facing misdemeanor charges for possession of synthetic urine, methamphetamine and marijuana before we challenged the DOT officer's search of the passenger compartment. The State claimed that the officer had authority under the FMCSA Level II inspection regulations to search for drugs and alcohol in the cabin and sleeper compartment. We convincingly persuaded the district court otherwise in what could be in the first such favorable ruling for CDL drivers out of Buchanan County.

DUI and DWI

L.J. v. Iowa Dep't of Transp., No. 23DOTOW0634

Jan 10, 2023

OUTCOME: Driver's License Revocation Rescinded

We defended a license revocation on the basis that: (1) the PBT log did not comply with the Iowa Administrative Rules because the data showed that the device needed calibration for more than a year tha ... t had been ignored; (2) the officer did not lawfully place the driver under arrest for OWI such that neither the PBT nor the arrest could serve as the predicate bases to invoke implied consent; (3) the officer failed to observe a minimum 15-minute observation period prior to requesting a sample of the driver's breath; (4) the officer failed to make a written request a sample of the driver's breath prior to obtaining his consent to breath testing on the DataMaster DMT; and (5) the officer was not certified to operate the DataMaster DMT. The DOT did not give us a single one of those issues, which to be fair, was a bit shocking from a defense perspective. Not to be outdone, however, we prevailed in suppressing the breath test result in the OWI because the district court was unmoved when the burden shifted to the State. We then sent the suppression ruling to the agency, which was required at that point to reinstate our client's driving privileges.

DUI and DWI

J.B. v. Iowa Dep't of Transp., No. 23DOTOW0666

Dec 28, 2022

OUTCOME: Driver's License Revocation Rescinded

The administrative law judge rescinded the revocation of our client's out-of-state driving privileges after we demonstrated that the police officer never read the implied consent advisory, which advise ... s of the consequences for both consenting to and refusing chemical testing, prior to requesting a written sample of breath for testing on the DataMaster DMT.

Gun Law

State v. R.L., Iowa District Court for Cerro Gordo County No. SRCR031531

Dec 27, 2022

OUTCOME: Firearm Charges Dismissed

On December 27, 2022 the district court dismissed the charge of Carrying Weapons after we were able to generate reasonable doubt that our client's conduct met the essential elements of the charge. Und ... er Iowa Code section 724.8B, "carrying" is a bit narrower than "possessing" in that the State would have to prove beyond a reasonable doubt that the firearms in a vehicle were on or about the person. Pretrial discovery showed that our client was in the rear of a van while two firearms were stored in the center console and between the driver and passenger seats. It wasn't simply a case of constructive possession where the State only had to prove knowledge and ability to maintain control of the weapons. We strive to protect a person's right to carry at all times and this is a great example of pushing back when the charging officer doesn't understand the nuances of the law.

Drug Crime

State v. A.M., Iowa District Court for Pocahontas County No. SRCR131224

Nov 28, 2022

OUTCOME: Drug Charges Dismissed

On November 28, 2022, the district court granted our application to dismiss possession charges based on a violation of the one-year speedy trial provision. We were able to show that the state did not ... bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances.

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