Follow the history of our firm’s accomplishments in various types of cases.
September 2023
September 6, 2023
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
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
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
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 The state then noted the error and rescinded their earlier resistance and the Court agreed with the motion and finally permanently expunged the criminal conviction off of our client’s record.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
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
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
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
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
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
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
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
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.
Nov 2, 2021
Frank Steinbach argued that the consent the client gave to the officer to allow the officer to search his car was made under duress and violated his constitutional rights. The State decided to contest the matter but the Judge ruled in our favor. As such the possession charge must be dismissed. Due to the dismissal, the client can even have the matter expunged so that there will be no public record of the arrest or charge.
Nov 1, 2021
Daniel Rothman argued that the consent the client gave to submit to a breath sample was not voluntary as the officers gave him incorrect information regarding his prior conviction impacting this case. The Dallas County judge agreed with our argument and granted out motion to suppress the test results. This ruling also serves to overturn the DOT sanctions as well.
October 2021
Oct 13, 2021
Daniel Rothman showed that his Polk County client’s rights to an independent test were violated when the officer technically refused a request for a 2nd follow up urine test. A Polk county prosecutor argued the matter but the Court sided with Daniel and his client. The Court agreed that there was Iowa Code 321J.11 violation and suppressed the State’s breath test. Afterwards, the state made an offer for a lesser charge, which the client happily accepted as it will complete save his CDL and his job.
