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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

4-19-17: A prosecutor and judge agreed with Daniel Rothman’s motion to suppress, alleging the officer did not have a valid reason to stop the client. The Court granted the motion which will save the client’s regular driving privileges and his CDL. The client will also avoid any conviction or criminal record for the OWI.

 

4-17-17: An administrative law judge agreed with Daniel Rothman’s argument that an officer had violated the “two-hour rule” from Iowa Code Section 321J.6. As a result, the Judge ordered the DOT to reinstate the driving privileges of the client and remove the OWI from the client’s DOT record.

 

2-10-17: Daniel Rothman argued a motion to dismiss alleging that the State violated Iowa Rule of Criminal Procedure 2.33. The State did not comply with its filing obligations and the Judge dismissed the entire case. The case was dismissed with prejudice, so the State cannot try to refile the charges.

 

1-9-17: Daniel Rothman got a Polk County Prosecutor to concede on a motion to suppress arguing that the officer did not have a legal basis to stop the Client’s car. The Court granted the motion and suppressed everything. This ruling allowed the client to avoid any kind of criminal conviction.

 

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