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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.


Why Do You Need An Attorney?

 

1. To determine if there are issues surrounding the officer stopping your vehicle or other mistakes made by law enforcement:
Was there probable cause under Iowa law?
Were the field tests performed correctly?
Were your rights violated?
Were you allowed to call an attorney, a friend, a relative and when? Did this violate Iowa Code Section 804.20

 

2. To help with the logistics and statutory issues surrounding an OWI:
How to obtain copies of all police reports?
How to obtain copies of all videos from the police vehicle?
How to obtain copies of 911 and dispatch tapes before they are destroyed?
What Motions to file in Court?
Do I qualify for a Deferred Judgment or any reductions in legal penalties?

 

3. To re-obtain your driver’s license:
You only have 10 days to appeal the suspension of your license? 
How do I get a stay to stop the revocation of my driver’s license so I can still drive? 
These questions, if not handled properly, could result in your conviction of OWI and the revocation of your driver’s license.