5-21-2020: Daniel Rothman’s client was charged with domestic assault causing injury in Polk County. Daniel noted numerous issues with the state’s case. The prosecutor agreed to dismiss the case in its entirety and thereby cancel the no contact order. As the case was dismissed by the state the client will have no conviction and can even have the arrest and charge expunged off of the public record.

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.

03-02-20: 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.

02-24-20: 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.

12-19-19: 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.

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