Wall Lake Man Pleads Guilty to OWI 1st Offense

E-FILED 2014 MAY 24 2:58 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 27 12:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MATTHEW E DROST , Defendant. Defendant's Correct Address: 3630 Jackson Ave.Wall Lake, IA 51466

Case No: 02811 OWCR012551

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 canand 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 or more than $1,875 plus 35% surchare and courtcosts. You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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E-FILED 2014 JUN 02 10:10 AM SAC - CLERK OF DISTRICT COURT

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 NewOpportunities (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 ARRESTWARRANT 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 06/23/2014 at 10:00 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 ANDFINGERPRINTED. 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 2 of 4


Sac County Sheriff

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State of Iowa CourtsCase Number Case TitleOWCR012551 STATE VS MATTHEW EUGENE DROSTType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-06-02 10:10:29

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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 201UUN-2 AH 10

PLAINTIFF NO. ̂ j ^ e w p f i /

vs. APPLICATION TO WAIVE

mod- \)(\*A ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

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

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

Defendant

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MATTHEW E. DROST,

Defendant.

CASE NO. OWCR012551

TRIAL INFORMATION

COUNT 1

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, MATTHEW E. DROST (“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 May 24, 2014, 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

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]

E-FILED 2014 JUN 03 8:09 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

KRISTIN ERSKINE, Deputy, Sac County Sheriff’s Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012551 STATE VS MATTHEW EUGENE DROST

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 2014-06-03 20:10:01 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs MATTHEW E DROST , Defendant.

Case No: 02811 OWCR012551 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 06/18/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, )

) CRIM. NO. OWCR012551 Plaintiff, )

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) MATTHEW EUGENE DROST, ) Charge - OWI, First Offense

) Section - 321J.2, Iowa Code Defendant. )

NOW on the 18th day of June, 2014, the defendant submits his verified written Plea of Guilty.

The defendant is charged with Operating While Intoxicated, in violation of Section 321J.2 of the Iowa

Code. The State appears by Sac County Attorney, Ben Smith. The Defendant waives his personal

appearance.

The written plea of guilty shows that the defendant's plea is voluntary, being freely and

intelligently made, with an understanding of the charge, with knowledge of the penal consequences of

the plea, with full knowledge of his constitutional rights, and that said rights are waived by a plea of

guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual

basis for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of his rights contemplated

in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and State v.

Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea is made a

part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

The defendant indicates his understanding of his right to additional time and the right to file a

Motion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for

sentencing and indicates his voluntary waiver of those rights and his desire to proceed immediately to

sentencing. The Court, finding the defendant's waivers are voluntary and made with an understanding

of his rights, accepts the waivers and proceeds to entry of judgment. The defendant's counsel

indicates he knows of no legal cause why judgment and sentence should not be pronounced.

The Defendant is adjudged guilty of the offense of Operating While Intoxicated, First Offense,

in violation of Iowa Code Section 321J.2.

The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of 30 days.

All but the first 48 hours of this sentence is suspended. Defendant is given credit for time served, if

any, as certified by the Sheriff. The Defendant shall have this sentence served in full by August 15,

2014. Defendant may serve this sentence via the OWI Weekend Offender Program or the Sac County


Work Release Program.

The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35% surcharge, a

$10.00 D.A.R.E. surcharge, and the court costs of this action, including correctional fees as certified by the

Sheriff. Half of the fine and corresponding surcharge will be waived in the event Defendant provides proof

to the Clerk of Court that he has received a temporary restricted license.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at

www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be developed by

his probation officer.

On the suspended portion of the sentence, Defendant is placed on probation to the Sac County

Probation Office for a term of one year. Terms of probation are as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of today’s

date to sign up for probation supervision.

2. The Defendant shall obey all laws.

3. The Defendant shall enroll in and successfully complete the Drinking Driver’s Course

sponsored by an area community college or substance abuse treatment facility. The Defendant shall

complete this course and have proof of completion filed with the Sac County Clerk of Court by August

15, 2014.

4. The Defendant shall abstain from the use of alcoholic beverages.

5. The Defendant is not allowed on the premises of any bar, tavern, liquor store, or any other

business establishment in which 50% or more of that business’s revenue comes from the sale of

alcoholic beverages.

6. The Defendant shall not drive a motor vehicle unless he is properly licensed and insured.

Any bond money previously posted is released and exonerated.

Appeal bond is set in the sum of $1,000.00.

COPIES TO: County Attorney Defendant Sac County Sheriff Iowa D.O.T.



Type: OTHER ORDER


So Ordered



Wall Lake Man Pleads Guilty to OWI 1st Offense

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