GRL Law secures yet another dismissal for a CDL driver.
DOT enforcement stopped our client for driving past an open scale. The officer conducted a Level I inspection and ultimately cited her for m...ultiple violations.
Plea negotiations ended abruptly when the officer refused to cut any slack. So we tried all four charges to the magistrate.
The officer admitted on cross-examination that he was never placed under oath when the citations were “notarized.” The Iowa Constitution requires that all cases be tried on information under oath.
A constitutional violation, you say?
The court had no choice but to dismiss all four citations under the circumstances.
Do you think the officer regrets that decision? You bet.
N . . . F . . . G!
Speeding and traffic ticket
State v. M.C., Iowa District Court for Cerro Gordo County No. STA0133565
Aug 10, 2021
OUTCOME: CDL Charge Dismissed
On August 10, 2021, the magistrate court granted the State's motion to dismiss the charge of speeding against our client, an out-of-state CDL holder. During a recent CMV speeding interdiction program ...on Interstate 35, an Iowa State Patrol pilot locked in our driver's speed at 78 mph from the air. The posted speed limit was 70 mph. On cross-examination, we established the 400 foot metal tape used by the patrol to measure quarter-mile markings on the interstate was not traceable to NIST. As a result, there was measurement uncertainty not accounted for in the speed calculation. More importantly, however, we also proved that the citation was not properly notarized. The Iowa Constitution requires that all cases be tried on information under oath. The State saw the writing on the wall and asked the court to dismiss the charge at the State's cost. That's a NFG for our client.
Speeding and traffic ticket
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.
