Daniel Rothman showed a violation of our client’s constitutional rights to be free from illegal search and seizure, in their OWI case.  The judge ruled that the officer did not lawfully have enough cause to even order the client out of their car for field testing.  As such, results from those tests and the breath test were all deemed inadmissible so the state dismissed the case.  In this Story county case, the officer had indicated under oath that evidence such as slurred speech was present.  After hearing the videos at a contested motion to suppress hearing the judge disagreed with the officer as to the presence of any grounds to make the defendant submit to testing.  Such a ruling also forces the DOT to give the defendant back their driving privileges and the client can expunge the OWI arrest off of all public records.

Daniel Rothman’s client was charged with OWI in Jasper county.  After the prosecutor was shown the flaws in the case the state filed a motion to dismiss the OWI with costs assessed to the government.  Given the flaws, the DOT also will not pursue any penalty for the OWI.  With the dismissal, the client can also have this matter expunged off of their record so even the initial charge will not appear on courts online or any other public database.

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.