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Des Moines OWI Attorneys

Being arrested for Operating a Motorized Vehicle While Impaired (OWI, DUI, DWI or Drunk Driving) can affect a person in numerous and significant ways. As a result, having an experienced attorney assist you can make all the difference. Moreover, knowing your rights will enable you to make the right decision in the event you are stopped by the police.

 

The criminal defense attorneys of the McEnroe Law Firm have a combined 55 years of experience in practicing criminal law. Their experience comes from years of work as defense attorneys and as former prosecuting attorneys. Our attorneys know that criminal charges can have life changing affects on people and our attorneys recognize that these cases must be handled with absolute dedication to ensure that our client’s rights are not impeded and that they receive a just resolution to their case.

 

 

Representative OWI Cases

State of Iowa vs Walker 804 N.W.2d 284 (Iowa 2011) The Iowa Supreme Court grants a unanimous decision for our client in State v. Walker, regarding a case of 1st impression in Iowa for interpretation of the usage of Iowa Code 804.20 and the right to counsel.  The Court held that a person’s right to an confer with an attorney under Iowa Code Section 804.20 is violated if they are not alone and in private, away from electronic monitoring.  The Court further held that place the attorney on the other side of a glass partition was not permissible as no separation should be allowed unless the state can prove a security risk. The oral arguments before the Supreme Court, by our attorney Daniel Rothman, were videotaped and can be viewed at the Supreme Court web site. The full ruling can be read at this link.

 


Recent News

9-15-16: Daniel Rothman won a motion suppress arguing that the officer violated Iowa Code Section 321J.6.  The Court granted the motion and suppressed the breath test.  Such a ruling prevents the state from using the test at trial and it also requires that the DOT reinstate the client’s driving privileges.

 

8-31-16: Daniel Rothman was able to prove that the arresting officer violated our client’s 804.20 rights as he limited the scope of calls the client could make while at the police station. The Court granted the motion to suppress and this has enabled the client to reinstate their driving privileges and avoid the OWI charge altogether per an agreement with the state.

 

8-30-16: Daniel Rothman's client's appeal of the DOT license sanctions was successful as the officer had denied the client their right to an independent test and they did not properly explain the driver’s license sanctions. The ruling reinstated all driving privileges to the client holding that both violations were present.

 

8-18-16: Daniel Rothman's client's revocation for OWI was overturned and his criminal matter will be expunged as it was shown that the arresting officer lied about the basis for the stop.  The client will avoid any criminal conviction and his driving privileges are fully restored.

 

8-11-16: Our client was assisted by attorney Daniel Rothman who was able to secure a dismissal of the charges of OWI and Leaving the Scene of an Accident after it was shown through social media that the client was not the driver of the car. The fact that he was even arrested can be expunged and the DOT must restore his driving privileges as well.

 

5-20-16:Daniel Rothman’s client was charged with OWI in Story county on St. Patrick’s day.  Mr. Rothman was able to show the prosecutor that the officer gave false and misleading information to the Defendant, regarding testing consequences.  The State decided to amend the charge to public intoxication with a fine, which the client took.  The entire case (including the allegation of OWI) will also be expunged. 

 

3-2-16: Daniel Rothman and Bill Brewer’s client was charged with OWI 2nd in Polk County.  After a contested motion to suppress hearing the judge ruled that the officer violated our client’s rights to consult with a lawyer before testing.  The state decided not to pursue the OWI charge for lack of evidence.  The client will have no criminal conviction and their driving privileges have been restored. 

 

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