3-4-2020: After a 2 year struggle, the Iowa Court of appeals granted a unanimous decision for our OWI client, regarding when an officer must inform an arrested person of their Iowa Code Section 804.20 communication rights. The Court of Appeals held that even a vague request for communication must prompt an officer to explain communication rights and offer calls or other options. The Court of Appeals further held that as a result of this violation the trial court judge’s ruling must be overturned and that judge must now exclude the breath test and all incriminating evidence obtained after the violation of our client’s rights.
03-02-2020: Daniel Rothman’s client took a deal for a public intoxication charge, that can be expunged off his record and will not effect his DOT record. Although he tested above the legal limit the jury refused to convict and after a mistrial was ordered by the judge, the State decided not to try the case again.
02-24-2020: A Polk county prosecutor decided to offer a reduction to public intoxication, from the OWI charge, as they did not think they would win at trial. Although the client had a great chance to win the trial they decided to take the deal as they needed to move out of state for work.
1-10-2020: Daniel Rothman argued that his client’s Iowa Code Section 804.20 rights were violated by denying him communications to his wife. The Dallas county judge that heard the matter, agreed. As a result the client’s .318 test result is deemed inadmissible at trial and the DOT must also restore the Defendant’s driving privileges. The State dismissed all charges.
10-7-19: Daniel Rothman won a DOT hearing to get his client’s driving privileges restored. The judge agreed with our argument that the officer had violated Iowa Code 321j.6 procedures in collecting the urine sample. The sample had been positive for an illegal substance but now the DOT will take no action and has removed the incident from the driving record of the client.
9-13-19: An Administrative Law Judge held that Nicholas Carda’s client was misinformed and mislead by the officer before refusing his breath test and ordered the IDOT to reinstate the client’s driving privileges. The criminal prosecutor also stipulated to the violation by the officer after reading the ruling.
8-22-19: A Polk County prosecutor dismissed an OWI charge against Daniel Rothman’s client without a court hearing. They did so after it was shown to the prosecutor that there were filing deadline issues that would lead to a court ordered dismissal if the state fought the case.
6-6-19: Daniel Rothman’s client had their OWI 2nd case dismissed and the dot withdrew all sanctions as the officer violated the client’s 804.20 rights. The officer claimed to have informed the client about their phone call rights but the video footage showed that the officer did not and that she lied about doing so in her official police reports.
4-17-19: Daniel Rothman’s OWI client tested above the legal limit on the state’s official breath test but he still wanted to have a jury trial. Daniel Rothman argued the matter in Madison county over a 2 day jury trial where the jury could not find the client guilty of OWI, under a driving while impaired or the per se test being above .08. The Jury was split 6-6 and the Court had no choice but to declare a mistrial. It is up to the state to try the matter again or let it go within 90 days.
12-11-18: A Dallas County Judge ruled that the motion to suppress evidence argued by Daniel Rothman was correct. The Judge held that the officer violated the Defendant’s rights under Iowa Code section 321J.11 The client’s driving privileges will also be restored and the fact that the client was even charged with the OWI will be expunged from the public record.
12-7-18: An administrative law judge held that the Daniel Rothman’s client had his rights, under Iowa Code Section 804.20, violated and ordered the IDOT to reinstate the client’s driving privileges.
10-18-18: Daniel Rothman showed the state prosecutor that the client’s charges had no merit. The prosecutor indicated to the court that the case must be dismissed. The client’s driving privileges will also be restored and the fact that the client was even charged with the OWI will be expunged from the public record.
7-27-18: Daniel Rothman argued a motion to suppress alleging that the officer had no reasonable grounds to detain a driver for field sobriety tests. The Court agreed and granted the motion to suppress. The OWI charge as well as the child endangerment charges must be dismissed due to the Court’s ruling. The DOT must reinstate the client’s driving privileges and take the OWI off their driving record.
11-1-17: Daniel Rothman was able to successfully represent a Story county client who had been charged with an OWI. After filing a motion to suppress evidence the state dismissed the OWI charge completely.
10-17-17: Daniel Rothman argued a motion to suppress alleging that the officer violated Iowa Code Section 321J.5 by illegally detaining the client without reasonable cause and making them take a PBT test. The Court agreed and granted the motion to suppress. The OWI case will be dismissed and the DOT must reinstate the client’s driving privileges and take the OWI off their record.
10-4-17: An administrative law judge agreed with Daniel Rothman’s argument that an officer had denied the client his full and timely phone call rights as required by Iowa Code Section 804.20. The Judge ordered the DOT to reinstate the driving privileges of the client and remove the OWI from the client’s DOT record.
9-27-17: A judge agreed with Daniel Rothman that the arresting officer had violated the constitutional rights of the client. The judge suppressed all the evidence of guilt obtained by the officer as it was an illegal search. The client’s driving privileges will also be restored per Iowa OWI law.
6-24-17: Daniel Rothman showed that an officer had lied under oath about his client’s OWI case. The judge ruled that the officer had lost all credibility and therefore all evidence collected in OWI the case must be thrown out. The prosecutor indicated that the case must be dismissed. The client’s driving privileges will also be restored and the fact that the client was even charged with the OWI will be expunged from the public record.
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.
1-5-17: Daniel Rothman was able to convince a Dallas County Prosecutor that the arresting officer violated our client’s 804.20 rights as the officer limited the scope of calls the client could make while at the police station. The Court granted the motion to suppress. The client can reinstate their driving privileges and avoid a conviction in criminal court.
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.
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.
10-20-15: Daniel Rothman and Frank Steinbach filed a motion to suppress evidence on a client’s OWI 2nd charge, arguing that the stop of the client’s car was illegal. The prosecutor reviewed the motion and agreed that the stop was not legal. The criminal charges were dismissed in the interest of justice by the prosecutor with cost to the state and the client will have his driving privileges completely restored as if the OWI never occurred.
9-25-15: Daniel Rothman’s client was charged with Child Endangerment and OWI after he allegedly had an accident with his child in the car, and tested at a BAC of .250. After pointing out a flaw in the case the State agreed to dismiss the OWI charge and let the Endangerment charge be expunged from the client’s record. The client did not serve any time in jail and was not convicted of any crime.
1-20-15: Daniel Rothman and Frank Steinbach successfully argued that a client's rights were violated by the officer at the client's DOT hearing. The judge ruled that due to the violations, that related to the client's commercial driver's license rights notification, the client should not lose his commercial driver's license or his regular driving privileges.
1-13-15: Daniel Rothman obtained a ruling from a Polk county judge after he successfully argued that the police officer did not achieve the reasonable grounds standard regarding operation. This win will mean that the client will not be convicted of any criminal charge and the Iowa DOT must also yield to this ruling.
9-17-14: The court grants Daniel Rothman’s motion to suppress based on the officer not meeting the reasonable grounds standard as required by Iowa OWI law before field sobriety tests can be preformed. The Judge suppressed all evidence of field testing, all admissions made by the client and the positive cocaine test that was later administered. This suppression also requires that the DOT restore the Defendant’s driving privileges.
9-12-14: Daniel Rothman’s client avoids an Aggravated misdemeanor conviction and deportation after it was shown to the court that the arresting officer used a Spanish translation of the Implied Consent Advisory that was defective. Such an error is a violation of the Due Process clause of the US and Iowa constitution.
8-28-14: A local Judge grants Daniel Rothman motion to suppress after it was shown that the Client’s alleged refusal was not a refusal at all, as the client had medical issues that prohibited him from giving a sufficient breath sample.
5-9-14: A Polk County Judge grants Daniel Rothman motion to suppress based on an illegal stop leaving the state with no evidence for trial. The client’s driver’s license will be reinstated with the OWI sanction stricken from his DOT history.
5-5-14: A Polk county prosecutor amends Daniel Rothman’s client’s charge from OWI 2nd offense to reckless driving and public intoxication even though a breath test above .08 was collected and the client had a car accident. The client will not serve any jail or be on probation.
1-3-14: A Story County Judge grants Daniel Rothman and Frank Steinbach’s motion to suppress. The client’s driver’s license was reinstated with the OWI sanction stricken from his DOT history. He is also able to get the criminal charges completely removed from his record.
11-7-13: Our client, a passenger in a car stopped for an OWI investigation, was charged with Possession of Marijuana after Marijuana and Paraphernalia were allegedly found to be hidden in her underwear. Attorney Daniel Rothman was able to secure a dismissal of all charges.