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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.

 

9-4-19: Nicholas Carda’s client was charged with an assault in Polk County. Nick asserted a self-defense argument and discussed other flaws in the case with the prosecutor. The prosecutor agreed to dismiss the case in its entirety and even to have the state pay the court costs on the matter.

 

8-22-19: A Polk County prosecutor dismissed an OWI charge against Daniel Rothman’s client without a court hearing. They did so after it was shown to the prosecutor that there were filing deadline issues that would lead to a court ordered dismissal if the state fought the case.

 

7-18-19: Nicholas Carda’s client was charged with Driving While Revoked in Boone county, and was facing jail time. After working diligently on the case for many months, the prosecutor dismissed all charges.

 

6-6-19: Daniel Rothman’s client had their OWI 2nd case dismissed and the dot withdrew all sanctions as the officer violated the client’s 804.20 rights. The officer claimed to have informed the client about their phone call rights but the video footage showed that the officer did not and that she lied about doing so in her official police reports.

 

5-28-19: Daniel Rothman represented a client who was charged with aggravated misdemeanor child endangerment. Although the state made several offers to resolve the case they would not dismiss the matter. The client insisted on a trial or dismissal to clear her name. We showed numerous scientific and testimonial inconsistences to destroy the credibility of the state’s case. The client was found not guilty of all charges

 

4-17-19: Daniel Rothman’s OWI client tested above the legal limit on the state’s official breath test but he still wanted to have a jury trial. Daniel Rothman argued the matter in Madison county over a 2 day jury trial where the jury could not find the client guilty of OWI, under a driving while impaired or the per se test being above .08. The Jury was split 6-6 and the Court had no choice but to declare a mistrial. It is up to the state to try the matter again or let it go within 90 days.

 

1-28-19: Daniel Rothman represented a client who was charged with a class B forceable felony burglary and assault, which would have led to a 25 year prison sentence. Over a period of 10 months we used depositions to show the flaws in the state’s case including showing that the alleged victim lied under oath. Finally, the state agreed to dismiss all charges.

 

1-10-19: Daniel Rothman’s client was alleged to have committed several charges for dealing drugs. After working on the case for several months, the client’s case was dismissed even though a co-defendant was convicted and sentenced to 10 years in prison.

 

12-11-18: A Dallas County Judge ruled that the motion to suppress evidence argued by Daniel Rothman was correct. The Judge held that the officer violated the Defendant’s rights under Iowa Code section 321J.11 The client’s driving privileges will also be restored and the fact that the client was even charged with the OWI will be expunged from the public record.

 

12-7-18: An administrative law judge held that the Daniel Rothman’s client had his rights, under Iowa Code Section 804.20, violated and ordered the IDOT to reinstate the client’s driving privileges.

 

10-18-18: Daniel Rothman showed the state prosecutor that the client’s charges had no merit. The prosecutor indicated to the court that the case must be dismissed. The client’s driving privileges will also be restored and the fact that the client was even charged with the OWI will be expunged from the public record.

 

10-10-18: Daniel Rothman’s client was charged with domestic assault causing injury. After finding key material on the police videos that was inappropriately omitted from the police reports, the prosecutor dismissed all charges with court costs assessed to the State of Iowa.

 

8-6-18: Daniel Rothman showed that an investigating officer had not spoken to numerous witnesses on an alleged Felony assault causing serious injury. After contacting other witnesses, recorded statements were given by the defense to the state. Instead of a likely win at trial, the client decided to take an offer from the state to plead to 2 simple misdemeanors and get a deferred judgment. This will lead to the whole case being expunged instead of the possible five year prison sentence the client was facing.

 

7-27-18: Daniel Rothman argued a motion to suppress alleging that the officer had no reasonable grounds to detain a driver for field sobriety tests. The Court agreed and granted the motion to suppress. The OWI charge as well as the child endangerment charges must be dismissed due to the Court’s ruling. The DOT must reinstate the client’s driving privileges and take the OWI off their driving record.

 

6-7-18: Daniel Rothman’s client was alleged to have committed more than 15 felony level burglaries. After dealing with the case for several months, the client was able to avoid convictions of any kind.

 

5-25-18: Daniel Rothman represented a client who was being investigated for a class C forceable felony assault, which would have led to a 10 year prison sentence. Over a period of 7 months we used expert witnesses and other approaches to show that the case was unwinnable for the state. Finally, the state agreed to not file any charges of any level. Our client was able to move on with his life without the public embarrassment and stress of a criminal charge.

 

1-19-18: Daniel Rothman’s client was charged with possession of methamphetamine. Daniel Rothman showed the state the officer’s video footage that demonstrated the officers illegally searched the Defendant’s car. The state decided to dismiss all charges.

 

1-11-18: Daniel Rothman represented a client charged with 2 counts of Child Endangerment in Polk County. After fighting the case for several months, the state finally dismissed all criminal charges and the court costs were even assessed to the state by the court, instead of to the client.

 

11-1-17: Daniel Rothman was able to successfully represent a Story county client who had been charged with an OWI. After filing a motion to suppress evidence the state dismissed the OWI charge completely.

 

10-27-17: A client represented by Daniel Rothman was charged with Domestic Assault Causing Injury in Polk County. After a lengthy fight, including collecting witnesses who could show the alleged victim lied under oath in a related civil hearing, the state agreed to dismiss all criminal charges.

 

10-17-17: Daniel Rothman argued a motion to suppress alleging that the officer violated Iowa Code Section 321J.5 by illegally detaining the client without reasonable cause and making them take a PBT test. The Court agreed and granted the motion to suppress. The OWI case will be dismissed and the DOT must reinstate the client’s driving privileges and take the OWI off their record.

 

10-4-17: An administrative law judge agreed with Daniel Rothman’s argument that an officer had denied the client his full and timely phone call rights as required by Iowa Code Section 804.20. The Judge ordered the DOT to reinstate the driving privileges of the client and remove the OWI from the client’s DOT record.

 

6-22-17: Bill Brewer acquired a $100,000 settlement for his client who suffered injuries in a motor vehicle accident in Dallas County.

 

3-17-17: Bill Brewer acquired a $100,000 settlement for his client who suffered injuries in a motor vehicle accident in Polk County.

 

4-20-2017: Murray B. Gotsdiner was recognized at the 2017 Better Business Bureau Torch Awards Luncheon for his volunteer work as an Arbitrator for the BBB.

 

2-10-17: Daniel Rothman argued a motion to dismiss alleging that the State violated Iowa Rule of Criminal Procedure 2.33. The State did not comply with its filing obligations and the Judge dismissed the entire case. The case was dismissed with prejudice, so the State cannot try to refile the charges.

 

1-9-17: Daniel Rothman got a Polk County Prosecutor to concede on a motion to suppress arguing that the officer did not have a legal basis to stop the Client’s car. The Court granted the motion and suppressed everything. This ruling allowed the client to avoid any kind of criminal conviction.

 

1-5-17: Daniel Rothman was able to convince a Dallas County Prosecutor that the arresting officer violated our client’s 804.20 rights as the officer limited the scope of calls the client could make while at the police station. The Court granted the motion to suppress. The client can reinstate their driving privileges and avoid a conviction in criminal court.

 

11-2-16: Daniel Rothman’s client was charged with Domestic Abuse Assault. After the case had been pending for several months, the prosecutor finally dismissed the case and even assessed the court costs to the state.

 

7-10-16  - Bill Brewer acquired a $65,000 judgment for his client who slipped and fell in a retail store in Warren County. 

 

12-16-15 - Daniel Rothman and Bill Brewer’s client was charged with felony possession of methamphetamine and a Parole violation.  After a contested motion to suppress hearing, the court threw out all of the Prosecution’s evidence after it was shown by the defense that the police officer conducted an illegal search.  All charges and the violation were dismissed and the client was released from custody.

 

 

Recent News

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.

 

10-6-20: Nicholas Carda’s client had his driver’s license revoked while he was in the hospital for several weeks. The Administrative Law Judge agreed with Nick’s arguments that the unique circumstances of this case warranted a reversal of the DOT’s decision to immediately revoke his license without giving the client an opportunity for a hearing. The revocation was set aside so that the client may be heard.

 

10-2-20: Nicholas Carda’s client was charged with Child Endangerment in Poweshiek County. Nick worked diligently for the client on his case for over a year after the incident pointing out weaknesses , arguing facts and going through several hearings before the State finally agreed to dismiss the case. As the charge was dismissed, the client will be able to get it expunged from his public 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

 

7-10-20: Daniel Rothman represented a client who was charged with rioting charges related to a Black Lives Matter protest at Merle Hay mall. After seeing all the facts, the state realized that they could not prove the charges at trial and so they dismissed all charges. The defendant can also file a motion to expunge that fact that he was charged at all so that his record will be completely clear of this allegation.

 

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.

 

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