Firm News

Firm News2021-07-12T15:59:12+00:00

Follow the history of our firm’s accomplishments in various types of cases.

January 2024

January 1, 2024

January 1, 2024|Criminal Law, OWI Law|

A client of Daniel Rothman was looking at felony drug charges in Polk County. Daniel filed a motion to suppress for his client arguing that the officer did not have grounds to call for a police dog and that the officer intentionally stalled to make time for a police k-9 unit to arrive. The client decided that given their history of numerous drug convictions that they didn’t want to risk the fight and to take a guaranteed offer for a simple misdemeanor paraphernalia charge with a $100 fine and no probation.

November 2023

November 11, 2023

November 11, 2023|Criminal Law, OWI Law|

Daniel Rothman argued, during a client’s DOT hearing, that the revocation should be rescinded as the officers did not meat their burden on the operation element of the OWI. Although not often an issue in an OWI, in this case the officers did not see the client drive and did not confirm if the parked car was running etc. As such the judge ruled in our favor and we prevailed on both the DOT hearing and on the criminal side of the case.

October 2023

October 13, 2023

October 13, 2023|Criminal Law, OWI Law|

A client of Daniel Rothman was charged with an OWI in Jasper county. Daniel filed a motion to suppress for his client arguing that the officer did not follow proper procedures regarding the implied consent notification material. Both the State and the Court agreed and the matter was dismissed by the state, without a contested hearing, due to the clearly presented flaws set out in the motion. In addition to the dismissal the DOT must give back the driving privileges to the client which includes his CDL. The record of arrest and charge will be expunged as well.

September 2023

September 6, 2023

September 6, 2023|Criminal Law, OWI Law|

Due to his profession, a client of Daniel Rothman, could not plead to an OWI in Dallas County. Even though he took the test and was well over the legal limit and the margin of error he still could not plea. After a lengthy process, the charge was lowered to reckless driving which the client happily pleaded to.

September 5, 2023

September 5, 2023|Criminal Law, OWI Law|

Daniel Rothman’s client was able to avoid an OWI 2nd offense after he showed a violation of Iowa Code Section 321J.11. After it was demonstrated that his independent test request was not properly honored the state conceded the flaw and we were able to avoid a conviction for any level of OWI as well as having the DOT remove the OWI completely from his driving record.

September 5, 2023

September 5, 2023|Criminal Law, OWI Law|

Daniel Rothman filed a motion to suppress his client’s Polk County case because the officer violated his rights to make telephone calls for a lawyer in violation of Iowa Code Section 804.20. The state agreed with the motion and agreed to suppress the breath test that was above the legal limit. As such, the Iowa DOT must give back the client’s driving privileges. The state also agreed not to pursue the OWI charge.

August 2023

August 4, 2023

August 4, 2023|Criminal Law, OWI Law|

Daniel Rothman’s client was charged with OWI in Polk County. Per a plea agreement, the Defendant only plead to public intoxication and reckless driving. After the 2 year window we filed for a statutory expungement of the intoxication charge, the state resisted and the court denied the request. We filed a motion to reconsider to the court which was denied. We then filed a 2nd motion to reconsider showing why the grounds to deny the first motion to reconsider were erroneous. The state then noted the error and rescinded their earlier resistance and the Court agreed with the motion and finally permanently expunged the criminal conviction off of our client’s record. Had we not continued to fight (at no extra cost to the client) then the client would have been denied the expungement they were entitled to under Iowa law.

June 2023

June 20, 2023

June 20, 2023|Criminal Law|

Daniel Rothman’s client was charged with domestic assault. Given the client’s specific profession, if he plead to anything it would cost him his career and years worth of future earnings. After several months of fighting, we were able to get all charges dismissed.

November 2022

November 17, 2022

November 17, 2022|OWI Law, Criminal Law|

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.

November 2, 2022

November 2, 2022|Criminal Law, OWI Law|

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.

July 2022

July 22, 2022

July 22, 2022|OWI Law, Criminal Law|

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.

May 2022

May 20, 2022

May 20, 2022|Criminal Law, OWI Law|

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.

April 2022

April 12, 2022

April 12, 2022|Criminal Law, OWI Law|

Daniel Rothman’s client was charged with Burglary in the 1st degree a class B felony in Madison county.  A class B felony is the 2nd 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 1st.  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.

December 2021

Dec 01, 2021

December 1, 2021|Criminal Law|

Daniel Rothman’s client was charged with Possession of Narcotics in Dallas county Iowa. He filed a motion to suppress the drugs found alleging the officer violated the client’s constitutional protections regarding search and seizure by searching without reasonable grounds. The prosecutor decided not to even contest the motion and just filed a motion to dismiss all charges and even asses the court costs to the state.  No conviction of any kind will be entered and the defendant can qualify to expunge the fact that he was even charged.

November 2021

Nov 4, 2021

November 4, 2021|OWI Law|

Daniel Rothman’s argument that his client’s consent was not voluntary as the officers indicated that the criminal side and DOT civil side were different matters.  The state agreed the error was present and decided not to even contest the matter.  The Jasper county judge agreed.  The client plead to a reduced traffic charge and this ruling also serves to overturn the DOT OWI sanctions as well so she wont have to lose her driving privileges.

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