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.
Criminal defense
State v. S.M., Iowa District Court for Worth County No. OWCR011756
Nov 24, 2020
OUTCOME: OWI Charge Dismissed
The district court in Worth County granted the State's motion to dismiss the charge of OWI, but not before suppressing the results of a urine test.
A thorough review of traffic stop and implied cons...ent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether the deputy lacked reasonable suspicion to detain the driver; the deputy unreasonably prolonged the traffic stop to await a drug dog; the drug dog trespassed onto the vehicle turning the "free air sniff" into an unreasonable search; the handler cued the drug dog to alert; the deputy lacked reasonable grounds to invoke implied consent and request a urine sample; the PBT test was invalid because the monthly accuracy checks used an expired dry gas standard; and
the deputy failed to properly advise the driver after she triggered her right to independent chemical testing.
A favorable ruling on any one of those issues would have suppressed the results of a urine test. However, after reviewing the firm's 26-page court filing in support of the motion to suppress, the State essentially conceded that suppression was the proper outcome and moved to dismiss the OWI charge on the basis of reasonable doubt. GRL Law commends the county attorney for his candor in ensuring that justice was done under these circumstances.
The favorable suppression ruling will enable GRL Law to immediately rescind the revocation from our client's driving record and reinstate her driving privileges.
This is another great example of identifying and developing winning issues in OWI cases. Once the chemical test result is rendered inadmissible, the State is typically unable to prove impairment beyond a reasonable doubt without a DRE evaluation, which is why the OWI charge is often dismissed.
Drug Crime
State v. B.R., Iowa District Court for Polk County No. SRCR340910
Nov 12, 2020
OUTCOME: Drug Charges Dismissed
The drug defense attorneys at GRL Law successfully negotiate the dismissal of drug charges after challenging the basis for a traffic stop.
The arresting officer claimed in his report that "the ligh...t was red" when "[the car] traversed the intersection." His dash camera showed, however, our client's car was nearly through the intersection when the signal changed from yellow to red. Also, there was no evidence the car entered the intersection on a yellow light.
The officer searched the car based on the alleged odor of cannabis and discovered nearly 50 grams of processed marijuana flower. There were no tax stamps affixed to the packaging. The dismissal avoids the potential for felony convictions.
This is precisely why GRL Law engages in a meticulous review of all pretrial discovery to uncover any potential defense that is available. We know the traffic code and can use these defenses to reduce or eliminate charges altogether.
DUI and DWI
State v. N.L., Iowa District Court for Carroll County No. OWCR012980
Nov 05, 2020
OUTCOME: OWI Charge Dismissed
On November 5, 2020, GRL Law successfully persuaded the State to dismiss an OWI charge against our client, a “Dreamer” who participates in the Deferred Action for Childhood Arrival (DACA) program.
D...ACA provides a work permit and legal immigration status to young, undocumented individuals brought as young children to the United States. A conviction for DUI/OWI in Iowa counts as a “significant misdemeanor” under federal immigration law, which disqualifies a Dreamer from renewing their DACA status and makes them immediately subject to deportation.
The drinking driver attorneys at GRL Law reviewed every bit of pretrial discovery in a bid to shelter the driver from removal. In the end, however, we were able to secure an outright dismissal of the charge with the assistance of the county attorney.
Hopefully, our advocacy here will serve as a statewide model for negotiating DACA-neutral resolutions to criminal charges.
Drug Crime
State v. K.M., Iowa District Court for Hancock County No. FECR011055
Oct 23, 2020
OUTCOME: Felony Drug Charges Amended and Dismissed
After successfully vacating two convictions through post-conviction relief efforts, the drug defense attorneys at GRL Law accomplished what former trial counsel was simply unable to do years ago: devel...op reasonable doubt that our client committed any felony offense involving marijuana or marijuana edibles.
Our aggressive pre-trial discovery efforts raised serious questions regarding whether the alleged victim was duped into consuming chocolate containing THC. On the contrary, it appeared instead that she pilfered clearly-labeled marijuana edibles from our client's personal belongings without permission. Only after she knowingly ate her way into a hazy stupor and sought medical attention did her family concoct an incredible story for law enforcement that she was tricked into eating these chocolates. Credit again to the county attorney for seeing through this veneer.
As a result, the state dismissed the felony charge of Administering Harmful Substances under Iowa Code section 708.5. This avoids a permanent felony conviction on our client's record and enables her to pursue gainful employment in her chosen field.
There remained, however, a felony charge of Possession of Marijuana with Intent to Deliver under Iowa Code section 124.401. The state acknowledged there was no evidence that either the marijuana flower or edibles, which weighed out at less than one-half ounce of cannabis, were offered for sale to anyone. We were able to successfully negotiate a plea to the amended charge of Accommodation under Iowa Code section 124.410, a serious misdemeanor. As a result, our client spends no additional time in jail and pays a small fine and surcharge.
Persistent effort usually pays enormous dividends in the end. This case is no exception.
Drug Crime
In the Matter of Property Seized from K.E., Iowa District Court for Adair County No. SPCV006252
Oct 20, 2020
OUTCOME: Forfeiture of $3,000 of Hemp-Derived CBD Prevented
The drug defense attorneys at GRL Law prevailed again by successfully securing a court order for the return of over-the-counter cannabidiol (CBD) products seized by local law enforcement. The estimate...d retail value of these CBD products exceeded $3,000, which is believed to be the largest seizure of its kind in Adair County.
The original basis for the seizure was the erroneous belief that our client was operating an unlicensed "medical cannabidiol" dispensary under Iowa Code Chapter 124E. Medical cannabidiol in Iowa contains both concentrated CBD and THC extracted from marijuana and is heavily regulated by the Iowa Department of Public Health.
We demonstrated, however, through certificates of analysis and other evidence obtained by the firm that the products were instead hemp-derived extracts containing less than 0.3% THC. As a result, they are no longer considered marijuana and are now explicitly legal to possess under both federal and Iowa law thanks to the 2018 Farm Bill, S.F. 599 and H.F. 2581.
Under the circumstances, the return of these CBD products to the distributor was all but guaranteed under Iowa Code section 809.5 because there was no pending criminal prosecution or investigation and the state had not initiated civil forfeiture proceedings.
This is yet another shining example of how the drug defense attorneys at GRL Law apply their understanding of the rapidly evolving jurisprudence concerning hemp to the benefit and relief of our clients.
GRL Law. We know hemp.
Criminal defense
State v. K.W., Iowa District Court for Webster County No. SMCR361302
Sep 28, 2020
OUTCOME: Theft Charge Dismissed
The Webster County Attorney's Office dismissed a single count of theft at the state's expense against our client on the eve of jury selection. The criminal trial attorneys at GRL showed once again how... thoroughly developing a theory of defense through the aggressive pursuit of pretrial discovery, including interviewing and subpoenaing witnesses not listed by the state, often makes a significant impact on the state's decision to move forward. In this case, we raised enough reasonable doubt as to the issues of ownership and intent such that a NFG verdict seemed the only likely outcome. Not only did our client avoid a conviction altogether, which could have led to jail time, fines and restitution (never mind the lifelong consequences of being labeled a thief), but the dismissal enables us to expunge the matter forever from the client's otherwise clean criminal record after 180 days.
DUI and DWI
State v. B.S., Iowa District Court for Cerro Gordo County No. OWOM001735
Sep 03, 2020
OUTCOME: OWI Charge Amended to Reckless Driving
On September 3, 2020 the Cerro Gordo District Court amended a 20 year-old charge of OWI to reckless driving after GRL Law was retained to do what we do best: uncover and leverage every possible defense... to our client's benefit. In this case, the initial call to dispatch came from a reserve officer who reportedly observed some careless driving. The vehicle was being operated, however, in a private parking lot (careless driving under section 321.277A can only be committed on a public road). Also, there was no allegation linking the driving behavior to drinking alcohol. Furthermore, the arresting officer pulled in behind the vehicle, which had stopped a short distance for a crossing train, effectively committing a seizure without probable cause. Lastly, the officer based his decision to arrest our client on the basis of a PBT result administered within 15 minutes from the time the driver finished eating. Even though these issues had not been previously raised by the former trial counsel in 2000 (who actually recommended the client plead guilty to OWI as charged), the State acknowledged the pretrial investigative work by GRL Law and made the necessary concessions to resolve the case in our client's favor.
