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 17, 2022
By mcenroe_f5q0qp|2022-11-28T22:24:53+00:00November 17, 2022|OWI Law, Criminal Law|Comments Off on November 17, 2022