State v. C.N., Iowa District Court for Jasper County No. STA100783
Jul 22, 2021
OUTCOME: CDL Charge Dismissed
On July 22, 2021 the magistrate court dismissed the charge of Failure to Yield to an Emergency Vehicle in violation of Iowa Code section 321.324. A concerned motorist called in about a load spilling f...rom the back of a semi truck. The veteran DOT officer found a vehicle matching the description on the highway, but the doors to the trailer were closed. He followed the truck for several miles with lights and sirens before the truck pulled over. On cross-examination, we established the citation was not properly notarized. The Iowa Constitution requires that all cases be tried on information under oath. The court had no choice but to dismiss the charge at the State’s cost. This saves our client points on his CDL.
Drug Crime
State v. L.N., Iowa District Court for Polk County No. FECR333847
Jul 02, 2021
OUTCOME: Felony Drug Charges Dismissed
The Polk County Attorney's Office and GRL Law announce the resolution of criminal charges against Lacie Navin arising from the retail sale of hemp-derived cannabidiol (CBD) in December 2019.
At the ...time of her arrest, Iowa's Hemp Act, S.F. 599, which would provide for the production retail sale of hemp products in Iowa, had not been fully implemented. Until the approval of the State Hemp Plan by the United States Department of Agriculture, it was unlawful to distribute CBD products under Iowa Code chapter 124.
In late November 2019, Mid-Iowa Narcotics Enforcement (MINE) Task Force officers informed Ms. Navin that the retail sale of products containing CBD was illegal in Iowa. However, pursuant to the advice of her then attorneys, Ms. Navin continued to operate her retail store located in Ankeny, Iowa, which resulted in the filing of criminal charges.
It was not until April 8, 2020, that the Iowa Hemp Act would go into full effect, and not until March 2021 when retailers could register with the Iowa Department of Inspections and Appeals (Department) to sell CBD and other hemp products through the additional legislative enactment of H.F. 2581.
Ms. Navin is now registered with the Department as a fully compliant consumable hemp retailer under Iowa Code chapter 204. In light of the full implementation of Iowa's Hemp Act, and Ms. Navin's current compliance with Iowa law, the Polk County Attorney's Office believes that it is in the interest of justice that, at this time, these matters be dismissed without prejudice, reserving the ability to refile the charges at a later time. The Polk County Attorney's Office advises individuals seeking to participate in the retail sale of consumable hemp products in Iowa to ensure compliance with the registration requirements of Iowa Code chapter 204 and the Department.
"The resolution of these charges allows Ms. Navin to best exemplify how to lawfully participate in the state's emerging consumable hemp product market," said GRL Law's Colin Murphy, who now represents Lacie Navin. "We commend the forward-looking approach by the Polk County Attorney's Office in resolving this matter. GRL Law highly recommends businesses seek advice from attorneys who are familiar with Iowa's hemp laws and regulations. It's very important to also consult with the Department, local law enforcement, and government officials to ensure full compliance with the law before offering any hemp-derived product for sale."
Criminal defense
State v. I.A., Iowa District Court for Cerro Gordo County No. STA0133444
Jul 02, 2021
OUTCOME: CDL Charges Dismissed
On July 2, 2021 the magistrate court dismissed the charge of failure to maintain records of duty status under Iowa Code section 321.449. We established that the truck was not equipped with an ELD and ...the driver had only been on the road for two days that month. This enabled us to argue that our client was at most an intermittent driver. Without proof that his employer required him to maintain paper records in the absence of an ELD, the court had no choice but to dismiss. No conviction means no points.
DUI and DWI
State v. J.B., Iowa District Court for Jasper County No. OWCR024016
May 18, 2021
OUTCOME: OWI Charge Amended to Public Intoxication with No Jail
Another result of our relentless pretrial discovery efforts is now on display in Jasper County. After painstakingly reviewing every word of the implied consent video, we discovered that our client ask...ed for an attorney. The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT. Our client refused. Iowa law provides a limited right to consult with a lawyer while being detained by police. The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation. The result? A simple misdemeanor. No jail. A fine of $105. And we saved our client’s CDL, too, in the process. We’ll expunge the public intoxication conviction in two years. Almost like it never happened.
The Iowa Department of Transportation rescinded the revocation of our client's commercial driving privileges in Iowa after concluding his right to consult with an attorney under Iowa Code section 804.2...0 was not honored by the law enforcement officer during implied consent testing.
DUI and DWI
State v. D.K., Iowa District Court for Jasper County No. OWCR023999
Apr 28, 2021
OUTCOME: OWI Charge Amended to Public Intoxication with No Jail
The impaired driving attorneys at GRL Law successfully negotiated another resolution to preserve a client's CDL. After winning the DOT hearing, we leveraged that result by convincing the county attorn...ey to amend the OWI to public intoxication with a minimum fine of $105 and no jail time. The DOT would have disqualified the client's CDL had he pleaded guilty as charged. The negotiation saved his commercial driving privileges.
DUI and DWI
D.K. v. Iowa Dep't of Transp., No. 21DOTOW1640
Apr 09, 2021
OUTCOME: Driver's License Revocation Rescinded
The impaired driving 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 invo...lves professional CDL drivers. In this case, the DOT administrative law judge held that the arresting officer improperly and unreasonably restricted our client from making a reasonable number of phone calls to reach a family member or attorney under Iowa Code section 804.20. We discovered this problem by reviewing every single bit of video evidence in the case, including the implied consent process. As a result, the revocation for a breath test was rescinded and removed from his Iowa driving record. This keeps his CDL from being disqualified. When your CDL privileges are on the line, you can count on GRL Law to aggressively defend any sanction imposed by the Iowa DOT.
Drug Crime
State v. M.G., Iowa District Court for Hamilton County No. SCRC342013
Mar 05, 2021
OUTCOME: Drug Charges Dismissed
On March 5, 2021 the Hamilton County District Court approved the State's Motion to Dismiss the charge of Possession of Marijuana. Pretrial discovery demonstrated there was a credible constructive poss...ession defense to the charge requiring the State to prove beyond a reasonable doubt that the passenger in a vehicle not only knew of the presence of marijuana in the trunk, but also had the ability to assert dominion and control over it.
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 of THC, the DOT moved to revoke the driver's non-resident driving privileges. If the revocation was upheld, the driver's CDL would have been disqualified for one year.
After thoroughly reviewing all dash and body camera videos, we discovered the following:
(1) no evidence of impaired driving or parking;
(2) no evidence of impaired fine dexterity;
(3) no bloodshot or watery eyes;
(4) no slurred or mumbled speech;
(5) no flushed facial complexion;
(6) no clues of impairment on HGN;
(7) VGN not administered;
(8) no clues of impairment on Walk and Turn;
(9) no clues of impairment on One Leg Stand;
(10) PBT negative (0.000) for alcohol;
(11) no dilated or constricted pupils;
(12) no odor of burnt marijuana;
(13) no raised heat bumps on tongue;
(14) no "green tongue syndrome";
(15) The DOT officer was ARIDE certified to detect impairment by drugs;
(16) The DOT officer but did not request DRE assistance;
(17) Lack of Convergence was not administered;
(18) Modified Romberg Balance was not administered;
(19) Finger to Nose not administered;
(20) no body or eyelid tremors;
(21) no swaying;
(22) no pupil rebound dilation;
(23) no temperature check;
(24) no blood pressure check;
(25) no pulse check;
(26) no muscle tone check;
(27) no euphoria;
(28) no visibly excited emotions;
(29) no loss of control of bodily actions or motions;
(30) no impaired judgment; and
(31) no impairment in reasoning or mental ability.
To his credit, the DOT officer agreed with each and every one of the above points at the hearing. The question became whether the discovery of marijuana and a single admission of use nearly 16 hours prior, standing alone, were enough to support reasonable grounds to request a urine sample.
Under this record, the administrative law judge found we met our burden in proving reasonable grounds were not present. As a result, the revocation for a positive urine test was rescinded and removed from his Iowa driving record. This keeps his CDL from being disqualified.
When your CDL privileges are on the line, you can count on GRL Law to aggressively defend any sanction imposed by the Iowa DOT.
Criminal defense
S.M. v. Iowa Dep't of Transp., No. 20DOTOW2292
Nov 30, 2020
OUTCOME: Driver's License Revocation Rescinded
On November 30, 2020 the Iowa DOT rescinded the revocation of my client's driving privileges due to an OWI test failure and removed the revocation from her driving record. This followed a successful c...hallenge to the admissibility of urine test results at trial.
