Phone: (712) 226-4255 |
Fax: (866) 233-3702
Nick E. Wingert is an Attorney and Partner at Hall & Wingert, PLC. He is licensed to practice in Iowa. He is also a life-long resident of Sioux City. He is a graduate of the University of South Dakota, School of Law, and Morningside College where he earned his undergraduate degree.
Nick helps individuals fight for custody of their children, understand child support obligations, or their rights during a divorce. If law enforcement stopped you for a traffic violation, which resulted in an arrest for operating while intoxicated or possession, Nick will assist you in determining whether law enforcement violated your constitutional rights. He has successfully challenged evidence gathered after traffic stops on constitutional grounds which have ultimately resulted in case dismissals.
You may find yourself in a position where you disagree with the outcome of your case and whether any options exist to challenge a decision made at the district court level. Not all attorneys practice appellate work. Nick will analyze your case and help you determine whether appealing to the Iowa Supreme Court or Iowa Court of Appeals might be in your best interest.
“I have known since I was in high school that I wanted to become an attorney. There is no better way to serve clients than to give them a voice in the system that they would otherwise not have—serving their best interests with passion.” These are the values that he takes to the office every day. Nick is very dedicated to his clients, fostering a professional relationship on a very personal level.
He focuses on obtaining the client’s desired result. “It is important for me to work obsessively on my cases. I want my clients to know that I put my heart and soul into winning his or her case.”
When Nick is not working hard for his clients, he spends his time with his two children and volunteers in the community when he has time. Nick likes to stay active by running and cycling and loves college football season. While he is an avid Iowa Hawkeyes fan, he has represented all football fans including Nebraska and Iowa State football fans and always strives to obtain the result for the client no matter your football team.
- Family Law
- Child Custody
- Child Support
- Appellate Work
- Criminal Law
- Landlord/Tenant Law
- Civil Litgation
Nick has attended training developed by the National Highway Traffic Safety Administrations (NHTSA) regarding Standardized Field Sobriety Testing (SFST). This training, used to train police officers in the detection of impaired drivers, teaches students to understand the tasks and decisions involved in identifying the intoxicated driver, OWI detection process, and the effects of OWI enforcement. It covers the three standardized field sobriety tests: 1) Horizontal Gaze Nystagmus; 2) Walk and Turn; and 3) One Leg Stand.
Further, the class instruction teaches students how to administer the three NHTSA standardized field sobriety tests, the typical clues of intoxication by alcohol, divided attention testing, and scoring protocols SFST validation studies. This education allows Nick to analyze and identify potential testing errors by police officers regarding the administration of the field sobriety tests. Nick has also attended training regarding the BAC Data Master, otherwise known as the DMT breath testing device used in OWI/DUI investigations.
Recent results in OWI cases / possessions:
Case 1: negotiated a charge of operating while intoxicated to reckless driving.
Case 2: motioned that the officer unlawfully expanded the scope of the traffic stop and asked the drug paraphernalia evidence be suppressed. The evidence was suppressed and case was dismissed.
Case 3: successfully suppressed breath sample evidence based upon officer’s violation of the defendant’s right to make to make a phone call promptly after arriving at the police station. The defendant requested a phone call while he was in custody.
Case 4: filed motion to suppress after officer unlawfully expanded the scope and duration of the traffic stop. The defendant admitted to smoking marijuana and marijuana remnants were found in the vehicle. The evidence was suppressed and case was dismissed, and the defendant was not convicted of an OWI.
Case 5: filed motion to suppress after officer unlawfully expanded the scope and duration of the traffic stop. The officer asked questions that were unrelated to the purpose of the traffic stop. The methamphetamine, marijuana, and drug paraphernalia found after the search of the vehicle were suppressed. The case was dismissed.
Case 6: Case was set for jury trial. After researching and filing responses to various motions, received favorable orders excluding the presentation of evidence without having the witness present at trial to testify. Approximately 2 weeks before trial, received offer to amend the Operating While Intoxicated charge to a lesser charge of Reckless Driving.
Case 7: Filed motion to suppress evidence based upon law enforcement’s unlawful expansion of the traffic stop. As a result, possession of marijuana, possession of paraphernalia, operating while intoxicated, speeding were dismissed.
National Highway Traffic Safety Administration of Chiefs of Police Standardized Field Sobriety Testing Practitioner Student Course (2015 curriculum) – May 6-7, 2016
Cross Examination of Law Enforcement in OWI Cases – July 29, 2016
Effective Cross Examination – February 17, 2017
Defending a DMT Case without an expert – March 17, 2017 (Datamaster and breath testing)
Winning OWI Cases, Cross Examining Police Officers in OWI cases, put on by Your DUIPro – October 19, 2017
National College for DUI Defense (NCDD)
American Bar Association
Iowa State Bar Association
Iowa Legal Aid
Iowa Association for Justice
Awards & Recognition