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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

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. 

 

2-25-16: Daniel Rothman’s client was charged with OWI 2nd and Possession of Marijuana in Dallas County.  The prosecutor had to dismiss the charge after Daniel Rothman showed that the officer had illegally detained and searched the client.  As a result the client will not lose his driving privileges or have any criminal record as the arrest record can be expunged.

 

1-15-16:  Daniel Rothman’s client was charged with OWI and Eluding.  All criminal charges were dismissed after it was shown that the officer violated Iowa Rule of Criminal Procedure 2.33.  It was also shown that the urine sample taken from the Client was not properly collected, so the DOT cannot revoke the Client’s driving privileges.  Due to the officer’s error the client can also have the entry of his arrest expunged from all public records.

 

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