Laurens Man Convicted of OWI 1st Offense

7/29/2019 Laurens Man Convicted of OWI 1st Offense

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E-FILED 2013 JUN 23 3:11 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

BENJAMIN DONALD STOUT ,Defendant.

Case No: 02811 OWCR012334

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1,250.00 or more than $1,875.00

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

(1) You must not use alcohol or drugs during the pendency of this matter.(2) You must not drive while your license is under suspension.(3) You must obey the laws of the State of Iowa and the United States.(4) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST

WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 07/12/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND

FINGERPRINTED.If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendant

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Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012334 STATE VS BENJAMIN DONALD STOUT

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-06-25 09:56:49

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IOWADISTRICT COURT FOR COUNTYSTATE OF IOWA,

Plaintiff,vs.

Defendant.

r-

P 1

CosrApplication to Waive 0 1Attorney and Proceed withoutAttorney (pro se)

In support of my application to waive attorney I state:1. I know l have aright o be represented by an attorney in thiscase and that if I cannot afford to hire an attorney, the Court would appoint

counsel for me, without any initial cost on my part; I further realize that I wouldultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in allcourt proceedings and would be available to answer questions for me. I amaware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. | know a lawyer would give me the opportunity toobtain an independent opinion on how to proceed and defend the case againstme.

3. I know the County Attorney and hisstaff do not represent mebut rather are responsible for prosecuting me. .1 know that I cannot rely upon theCounty Attorney for legal advice.

4. Havingconsidered myright o counsel, together with the riskand disadvantages of proceeding without an attorney, I want to represent myselfand I want to waive myright o an attorney.

Dated this /'5 . .

De feftcfant"'""


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BENJAMIN DONALD STOUT,

DOB: 03-20-1982

Defendant.

Case No. OWCR012334

TRIAL INFORMATION

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant,Benjamin Donald Stout (defendant) of the crime of OPERATING WHILE

INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code

Section 321J.2 committed as follows: On or about June 23, 2013, in Sac County and

State of Iowa, defendant did unlawfully and willfully operate a motor vehicle by one

or more of the following means: while under the influence of an alcoholic beverage

or drugs or a combination of such substances; while having an alcohol concentration

of .08 or more as measured in the person's breath, blood or urine; and while any

amount of a controlled substance is present in the person as measured in the

person's blood or urine.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791

Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

OWCR012334 STATE VS BENJAMIN DONALD STOUT

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-07-30 16:05:35 page 2 of 2

E-FILED 2013 JUL 30 4:05 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

BENJAMIN DONALD STOUT,

Defendant.

Case No. OWCR012334

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

JOHN HATTERMAN, Deputy, Sac County Sheriffs Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, or other designated CriminalistCRIMINALIST, Iowa Department of Public Safety, DCI Ciminalistics Laboratory



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STATE OF IOWA,Plaintiff,

VS.

BENJAMIN DONALD STOUT,Defendant.

CRIMINAL NO. OWCR012334

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:

[X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluationand provide it to the Court. Failure to do so may result in the revocation ofDefendants Pre Trial Release.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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IN T H E IOWA DISTRICT COURT FOR SACC OU N TYS T A T E OF IOWA,

Plaintiff,vs.BENJAMIN DONALD STOUT,

Defendant.**

N o. OWCR012334W RITTEN ARRAIG NM ENTPLEA OF NOT GUILTYProSe

C OJ3

01

oi/>roo

J > i o o

C O M E S N O W the Defendant in the above-captioned criminal case and under oathstates:1. I have been informed of my right to be represented by an Attorney, and decline tobe represented by an attorney and I wish to proceed ProSe.2. M y current mailing and residence addresses and telephone number are:

L o a f C M l i r )


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proceedings wi l l be had against me by that true name, the Trial Informationwi l l be amended accordingly, and when the Trial Information is so amended, Iwi l l be precluded from objecting upon the grounds I am improperly named.7. I have advised and understand that I may plead guilty, not guilty or formerconviction or acquittal.8. For the purpose of this arraignment, I have had sufficient time to contemplate mycase, and I waive any further time in which toenter a plea.9. I plead N O T G U I L T Y to the charge in paragraph 5 above.10. I have been advised and understand that I have a right under Rule 27(2)(b) of theIowa Rules of Crimina l Procedure to a trial within ninety days/one year after thef i l ing ofthe Trial Information and (check either "a" or "b"):

>^a . I demand a speedy trial pursuant to Rule 27(2)(b) and (c)./5 (^) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules ofCrimina l Procedure. I wi l l be available for trial on the following days:

Defendant, Benjamin Donald StoutSTATE OF I O W A )

) SSS A C C O U N T YOn this /.5^day of / )/ ja 4 . s f:arv Public in and for said Sratefen forni x Ddrvxtobe .1

, 2013, before my the undersigned, aSrate, nersonally appearedStout to meknown tooe the identical person named in and who executed the foregoing instrument,and acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the State of Iowa

Original E-fi ledCopy to be provided to:

Sac County AttorneyDefendant

'o**

BRENDA McCLUREClarkof District Court - DesigneeSac County


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.BENJAMIN DONALD STOUT ,

DEFENDANT.

Case No. 02811 OWCR012334

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 13, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Pro Se.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may

depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 AUG 13 1:08 PM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYBENJAMIN DONALD STOUT

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Case Number Case TitleOWCR012334 STATE VS BENJAMIN DONALD STOUT

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-13 13:07:55

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S T A T E OF I O W A ,vs.BENJAMIN DONALD STOUT,D O B : 03/20/1982Defendant.

OW I - 1st OFFE NS EG U I L T Y P L E A

C O U N T II, the undersigned Defendant, have carefully read and fully understand the following:I am charged with Operating a Motor Vehicle While Intoxicated, First Offense, in violationoflowa Code Section 321J.2, a Serious Misdemeanor, and I hereby request that my plea of guiltyto the charge be entered of record.

The maximum punishment for a Serious Misdemeanor is imprisonment of not more thanone year in jai l and a mandatory fine of not more than $1,250.00, plus statutory surcharges, pluscourt costs and al l costs and fees incurred for legal assistance which is immediately due on thedate of sentencing. I realize that, if there was no personal or property injury, and I present to theCourt a temporary restricted license, the Court may waive up to $625 ofthe fine and the relatedstatutory surcharge. I acknowledge that, the Court may order me to perform community servicework, if the Court is of the opinion that community service work will deter and discourage othersfrom similar criminal activity. The community service must be done for a governmental or nonprofit agency. (The rate at which community service shall be calculated against myfineshall bethe federal minimum wage.) In addition, I may be required to pay correctional fees forincarceration and enrollment fees for probation. I am aware that sentencing options may includedeferral of Judgment and Sentence, the grant of probation and the suspension of the sentenceimposed.

There is a minimum penalty of imprisonment in jai l for 48 hours, which must be imposedunless I am eligible for a deferred judgment, or deferred sentence. The Court must order me to attend a course for drinking drivers. The Court must order me to undergo a substance abuse evaluation and to follow therecommendations. The Court may order me to participate in a reality education substance abuse preventionprogram. The Court may order restitution to any victim of my offense. In addition, the Court mayorder restitution up to $500 each to any public agency (fire-fighting, law enforcement,ambulance, medical or any other emergency services), which responded as a result of myviolation. Unless the Department of Transportation has already revoked my license or drivingprivileges, I understand my license or driving privileges will be revoked a minimum of 180days.

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I understand that there can be no deferral of judgment or sentence or suspension of anymandatory minimum sentence of incarceration and no suspension of any other part of mysentence not involving incarceration if: I tested over . 15%; or I refused an implied consent test; or I have been convicted of OW I or received a deferred judgment or sentence forOW I in Iowa or any other state; or If another person was injured by this OW I offense.

I understand that there can be no reduction of my fine and the related statutory surchargeunless:

The Court finds that there has been no personal injury as a result of my actions,and

The Court finds that there has been no property damage as a result of my actions,and

I present a temporary restricted license within the time ordered by the Court. I understand I must complete a substance abuse evaluation at my own expense before Ican be sentenced. I will provide the evaluation to the Court before I am sentenced.

A . I understand that a criminal conviction, deferred judgment or deferred sentence may affectmy status under federal immigration laws.

B . If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1) . The right to a speedy andpublic trial by a jury of twelve people.(2) . The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3) . At trial, I would be presumed innocent until such time, if ever, the State established myguilt beyond a reasonable doubt.(4) . A t trial, a jury verdict of guilty would have to be unanimous.(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and if I choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt frommy failure to testify.(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7) . At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

C. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my rightto trial, and will be treated as i f l had been tried and found guilty by a jury.

D. The Court, in determining whether there is a factual basis for this plea of guilty, may makesuch a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who have

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investigated the offense, or by asking me or counsel to recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: I will plead guilty to Count I: Operating a MotorVehicle While Intoxicated 1st Offense. Recommended Jail time is 30 days, all of which willbe suspended except for two (2) days, with credit for any time already served. Defendantmav substitute a 48-hour WeekendAlcohol Program for 48 hours jail time. I f l choose not toattend the 48 hour Weekend Alcohol Program, then I will have to complete the 12 hourDriving Course. I will be placed on probation to the Sac County Probation Officer for aperiod of one year from the Judgment entry date. I will pay a fine of $1.250.00, plus a 35%surcharge in the amount of $437.50, and a $10.00 D A R E surcharge, and court costs; to bepaid as Ordered by the Court. If I provide proof of a temporary driving permit the fine willbe reduced to $625.00. I will follow the recommendation of the Substance Abuse Evaluation,which was no treatment.

This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jai ltime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.

E . I now state to the Courtthat I am, in fact GUILTY and thatno threats or promises, have beenmadeto induceme to enter my pleaof guilty. I havebeen informed thatthe elements of thecrime are: I operated a motor vehicle (1) while under the influence of an alcoholicbeverage or other drug or a combination of such substances; or (2) while having analcohol concentration of .08 or more; or (3) whileany amountof a controlled substanceis present in my person as measured in my blood or urine. I understand the natureofthe chargeagainst me.Thisoffense was committed by me in Sac County Iowa by my doingthe following: I did onor about the 23rd day of June2013, unlawfully operateamotor vehicle while under theinfluenceof alcohol and was intoxicated at the time when I was driving and did have ablood alcohol concentration of .154 BA C.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtain this guiltyplea. No promises of leniency or favorable treatment have been made, except for any pleaagreement disclosed to the Court at the time of this guilty plea.F. If the Court accepts my plea of guilty, I realize:

(1) . The Court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.(2) . If the Court imposes a sentence today, I will never be able to challenge this plea ofguilty, and I will be giving up my right to directly appeal my guilty plea.

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I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

W A I V E R O F M O T I O N IN A R R E S T O F J U D G M E N TIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the Court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion inArrest of Judgment will be waived by having the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge this pleaof guilty and I will be giving up my right to directly appeal my guilty plea.I hereby request the Court sentence me now and I waive any time to which I may be entitledfor sentencing at a later date.

W A I V E R O F R I G H T T O B E P R E S E N TI have been fully advised that I have a constitutional right to be present at my sentencingand present evidence in my own behalf. I understand that it is my choice to be present or not,and that no one can exclude me from sentencing.With the above in mind, and further understanding that my decision whether to be presentor not is my own decision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.

Defendant,Benjamin Donald Stout

STATE OF IOWASA COUNTY

)) SS)

On this 3 ~~ day of } ^ U C J \ ~ 2013, before me the undersigned, a Notary Public in andfor said State, personally appeared 1 T^gl^&vWri "Sa|t> uJ^ , to meknown to be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the same ofhis voluntary act and deed.

NotarylPublic in and for the State oflowa

[%Conim.Exp.j7S |

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STATE OF IOWA, No. OWCR012334Plaintiff,

vs.

BENJAMIN DONALD STOUT, OWI 1st OFFENSE

DOB: 03/20/1982 JUDGMENT ENTRYDefendant.

COUNT I

BE IT REMEMBERED this matter came on for sentencing. The State is represented bySac County Attorney Benjamin John Smith. The Court finds that Defendant has waived his rightto an attorney; the Court further finds that Defendant was advised concerning his right to havecounsel, and the Court specifically finds Defendants waiver of counsel to be knowing, voluntaryand intelligent. The Defendant having filed a plea of guilty herein, which has been reviewed bythis Court, and is incorporated herein by this reference, knows of no legal cause why judgmentshould not now be entered, and none appears upon the record. The Court, therefore, accepts the

Defendants plea of Guilty and finds that the Defendant is guilty of Operating While

Intoxicated, First Offense in violation of Iowa Code Section 321J.2, a Serious Misdemeanor.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT,pursuant to Sections 321J.2, and 903.1, Code of Iowa, that the Defendant be sentenced to:

1. The confinement in the Sac County Jail for a period of thirty-(30) days, all time

suspended after Defendant serves two (2) days in the Sac County Jail, with credit for timeserved.

a. Defendant shall also be assessed the correctional fee of $55.00 per day charged by the Sac

County Sheriffs Office. Defendant shall serve said sentence within six (6) months of the date ofthis order. If the Defendant has not served the jail time at the end of six (6) months, the SacCounty Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time.

b. Defendant may, at Defendants expense, complete a 48-hour Alcohol Intervention Program inlieu of 48 hours of jail time. Proof of completion must be provided to the Clerk of Court andCounty Attorney within six (6) months of todays date. In the event the Defendant does notattend the 48-hour Alcohol Intervention Program, he shall (at his own expense) complete a 12-hour Prime for Life course or similar program within six (6) months of this date.

2. Defendant is placed on probation to the Sac County Probation Officer for a period of oneyear, and during such probation period Defendant shall abide by all the terms and conditions ofthe probation as set forth on the Probation Agreement. Defendant is Ordered to sign a ProbationAgreement within 72 hours of this Judgment, with the Sac County Probation Officer at the SacCounty Courthouse, 100 NW State Street, 2nd Floor, Suite 9, Sac City, Iowa.

a. Defendant shall obey all State, Federal and local laws and ordinances.

b. Defendant is Ordered to report any new arrests to the Sac County Probation Officer withinseven days of the arrest date.

E-FILED 2013 SEP 05 2:44 PM SAC - CLERK OF DISTRICT COURT


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c. Defendant shall abstain from the use of illicit drugs and alcohol during his probationaryperiod.

d. Defendant shall timely pay all amounts ordered by this Judgment.

3. Defendant is Ordered to pay a fine of$1,250.00 and a 35% surcharge in the amount of$437.50, plus a $10.00 DARE surcharge pursuant to Iowa Code Section 911.2. If Defendantshows proof of having obtained a work permit, the fine will be reduced to $625.00 and the 35%surcharge will be reduced accordingly, to $218.75.

4. The Defendant shall comply with all recommendations set forth in the alcohol evaluation dated

July 2, 2013 fromCompass Pointe.

5. Defendant shall pay court costs in the amount of$100.00.

6. Defendant shall keep the Clerk of Court and Sac County Probation notified as to any changein address until all obligations of this case have been completed.

7. If Defendants license has not already been revoked for this offense, the Department ofTransportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J.

8. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this

Judgment by paying $75.00 per month to the Sac County Clerk of Court with payments to

begin on the 1st day of the month following this order and shall continue on the 1st day of eachmonth until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS

JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if

one payment is missed, the entire obligation becomes immediately due.

Defendant having appeared and sentence being pronounced, IT IS FURTHER

ORDERED that any balance of appearance bond is released after application to fine, surcharge,court costs, attorney fees, and restitution.

Defendant is advised of the right to appeal this judgment and sentence and of the right toapply for appointment of appellate counsel and the furnishing of a transcript if unable to pay theappeal costs. Defendant is also advised of the necessity to comply with the statutoryrequirements in filing a notice of appeal. Notice of Appeal must be filed within 30 days of thisJudgment. Defendants appeal bond is fixed in the sum of $2,650.00.

Original filed, Copy to: County Attorney

Defendant

DOT

Substance Abuse Agency

Sac County Sheriff



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Type: ORDER FOR JUDGMENT



So Ordered



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Laurens Man Convicted of OWI 1st Offense