Daniel Rothman’s client was facing an OWI based on a urine alcohol test after an accident.  Due to an error in the legally required collection process the criminal case is being dropped and no DOT penalties will be incurred by the client.

Daniel Rothman showed a violation of our client’s rights to make their choice to take or refuse the OWI test based on correct information per Iowa Code section 321J.6.  In this Polk county case the officer had misinformed the defendant about a small part of the consequences and this enabled Mr. Rothman to win the argument that kicks out the breath test from use at trial.  Such ruling also forces the DOT to give the defendant back their driving privileges.

Daniel Rothman’s client was charged with Burglary in the 1^st degree a class B felony in Madison county.  A class B felony is the 2^nd highest level of crime in Iowa and it is the same level as attempted murder.  The penalty for this charge is 25 years in prison and as it is a forcible felony, it comes with a mandatory 17.5 years before you can try to parole.  There were weaknesses in the state’s case and in the end, the client decided to take a deal for a reduction to a serious misdemeanor assault which is the same level as an OWI 1^st.  With the agreement, the client also gets a deferred judgment that will allow him to expunge the assault charge and even the record of arrest with the clerk of court, after only 6 months.