Daniel Rothman showed that his client’s rights were violated when an Iowa State Trooper, in Polk county, violated Iowa Code Section 804.20 by incorrectly informing him of his phone call rights and not offering the inappropriately limited version of the rights, in a timely fashion. A Polk county prosecutor reviewed the matter and decided to stipulate the motion to suppress and not even contest it. The Court agreed with the violation and suppressed all evidence obtained by the state after the violation. As a result, the client’s OWI was amended to a non-alcohol related traffic citation with a fine and no other penalty. Also, the IDOT must now withdraw the OWI sanction from the client’s DOT record and reinstate his CDL and regular driving privileges, in full.
