Des Moines OWI Attorneys

11-19-20: Frank Steinbach argued that his client’s rights were violated as the State prosecutor neglected to file the charging documentation in the time frame required by the criminal procedure rules. The judge who heard the matter, agreed. As a result the OWI charges were all dismissed and the Court even ordered the state to pay the court costs resulting from the arrest. The client will also have the arrest expunged from his record.

9-16-20: Daniel Rothman argued that his client’s rights were violated when police officers in Dallas county made an illegal traffic stop and seizure of the client. The Dallas county judge that heard the matter, agreed and suppressed all evidence obtained by the state. As a result, the client’s OWI and weapons charges were dismissed with prejudice. Also, the IDOT must now withdraw the OWI sanction from the client’s DOT record and reinstate his driving privileges in full

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.

1-10-20: 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. The State dismissed all charges.

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