West Des Moines, IA
Drug Crime Lawyer at West Des Moines, IA
Practice Areas: Drug Crime, DUI & DWI
OUTCOME: Not Guilty Verdict
On February 15, 2022 a Story County jury found my client Not Guilty of Operating While Intoxicated at trial. This was a test refusal case and the State's evidence consisted of driving behavior and fie ... ld sobriety tests.
OUTCOME: CDL Charge Dismissed
On February 3, 2022 the Worth County Magistrate found our client not guilty of the charge of Following Too Closely in violation of Iowa Code section 321.307. The Iowa State Trooper testified that two ... semi-trucks passed him in the left lane and the rear truck, which was operated by our client, was within five feet of the other. However, the trooper had not observed that the lead truck was actually right behind him and pulled into the left lane, cutting off our client. The trooper was traveling 52 mph in the right lane. Our client was traveling 65 miles per hour pulling a fully loaded trailer. Thankfully, our client was able to brake enough to avoid an accident.
OUTCOME: OWI Charge Amended to Public Intoxication
On February 2, 2022, the district court granted the state's motion to amend the charge to public intoxication from OWI in a case involving a test refusal. We were able to demonstrate persuasively that ... multiple incomplete tests were due to our client's inability to provide an acceptable breath sample meeting all of the test parameters on account of her being a lifelong smoker. The officer deemed her to have refused testing instead of requesting an alternate sample of blood or urine, which is permissible under Iowa's breath testing program.
OUTCOME: Drug Charges Dismissed
On January 26, 2022 the district court granted Defendant's motion to dismiss the charge of possession of marijuana for edibles containing THC and CBD that were purchased in Defendant's home state with ... a valid medical marijuana card. We filed a notice of defense of reciprocity and argued that dismissal was the appropriate remedy under chapter 124E considering that the out-of-state medical card provided essentially a complete defense to the charge. The matter was dismissed at costs to the state.
OUTCOME: OWI Charge Amended to Public Intoxication and Reckless Driving with No Jail
The drunk driving lawyers at GRL Law successfully negotiated yet another resolution to preserve a client’s CDL. After winning the DOT and suppression hearings, we leveraged those results by convincing ... the county attorney to amend the OWI to public intoxication and reckless driving with no jail time. The DOT would have disqualified the client’s CDL had he pleaded guilty as charged even though we prevented the implied consent revocation from taking effect. Our negotiation saved his commercial driving privileges after we won the DOT hearing. A shout out to the prosecutor who was willing to reevaluate the charge in light of our efforts with the DOT and district court.
OUTCOME: Drug Paraphernalia Charges Dismissed
On December 20, 2021 the district court dismissed the charge of drug paraphernalia upon our motion to dismiss. The paraphernalia was used to consume out-of-state medical marijuana. We established the ... re was no evidence that the cannabis was consumed in Iowa, which was important because Iowa's medical cannabidiol law allows vaporization, but not smokable cannabis. Also, under the state's drug paraphernalia law, this equipment was not being used to ingest a controlled substance. This might be the first ruling of its kind in the state dealing with pipes and medical marijuana.
OUTCOME: Drug Charges Dismissed
On December 12, 2021 the district court granted Defendant's motion to dismiss the charge of possession of marijuana for raw cannabis flower that was purchased in Defendant's home state with a valid med ... ical marijuana card. We filed a notice of defense of reciprocity and argued that dismissal was the appropriate remedy under chapter 124E considering that the out-of-state medical card provided essentially a complete defense to the charge. The matter was dismissed at costs to the state.
OUTCOME: CDL Charge Dismissed
The State cited our client for using a smart phone while driving a commercial motor vehicle. We were prepared to defend the case on the merits when the county attorney realized our client was not usin ... g the phone for communication or texting but rather the GPS app. The State moved to dismiss the day before trial. No objection! That’s a NFG.
OUTCOME: CDL Charge Dismissed
The State cited our client for a log book violation discovered during a weigh scale inspection. We defended the case on the merits, but also raised challenges to the DOT officer’s notarization of the ... complaint at the close of the state’s case. The trial court just issued a ruling on our motion for judgment of acquittal two months after trial. Good things come to those who wait! The court dismissed the citation because of an improper notarization. That’s a NFG.
OUTCOME: CDL Charge Dismissed
The State cited our client for driving an unsafe vehicle after the trailer detached from his rig while on the highway. The evidence showed the kingpin likely failed after the driver’s last inspection. ... We defended the case on the merits, but also raised challenges to the citation process and notarization at the close of the state’s case. The trial court finally issued a ruling on our motion for judgment of acquittal. It was certainly worth the six-month wait! The court dismissed the citation because of a lack of compliance with Iowa Code section 805.6 with costs assessed to the State. That’s another NFG for a commercial driver.
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