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Comp\a in t

S T A T E   O F I O W A

V s .

D o w n s ,  N i c k o l a s J o h n

Item

  :

 2 15 001346

S T A T E O F IOWA, COUNTY OF S A C

Befo re (Jud ge , Mag i s t ra te )

C r i m i n a l

  C a s e

  No .

De fendan t

A d d r e s s

  1 1 1 S t u a r t S t .

W a l l

  L a k e ,

  l A 5 1 4 6 6

D a t e o f B i r t h 0 1 / 2 7 / 1 9 8 2

Compla in t

S e r i o u s

  Misdemeanor

T h e  defend ant i s acc us ed o f the cr ime of Operat ing W hi le In tox icated 1° ' Of fe ns e in v io lat ion o f (Se ct ion  3 2 1 J . 2  of the

Co de of Iowa ) or Ord inan ce No. o f the Ci ty o f , in

 that

  the de fendan t on the 0 1 day o f A ug us t , 2 01 5 , a t the

10 0

  block

  North  1 1 ' ^

  S t ree t ; S a c Ci ty , l A 505 83 in S a c Coun ty , d id

 :

Opera te a motor  veh ic le whi le in tox icated.

( S t a t e

  a c t s o r o m i s s i o n s

 constituting

  o f fense )

S ta tu to ry R e fe ren ce 804 . 1 Code of Iowa

S T A T E  O F I O W A ,

C O U N T Y

  O F

  S A C ,

  s s .

Dated

Compla inan t

I,  the unders igned, be ing duly sworn and under oath, s tate  that  th e following  fac t s known by me o r  told  to me by the other

re l i ab le pe rsons  form  my bel ief  that N i c k o l a s J o h n D o w n s t h e d e f e n d a nt

  committed

  the c r ime charged .

O n S a t u r d a y A u g u s t

  1** ,

 201 5 a t approx imate ly 01 :55 hours I s topped a g reen Ni s sa n A l t ima bear ing Iowa reg i s t ra ti on

p late CZ N3 95 fo r the t ra f fi c i n fract ion o f s pee d . I che cke d th is veh ic les spe ed a t 36 MP H in 25 MP H zone . T he d r i ve r o f

the veh ic le was

  identified

  as N icko las Dow ns by Iowa d r ive rs l i cens e . T a lk ing to Do wns I cou ld sme l l a modera te

  odor

  of

an

  a l coho l i c beve ra ge coming

  from

  h is p e r s o n . I o b s e r v e d D o w n s

  e y e s

  to be

 bloodshot

  and wate ry . F ie ld sobr ie ty tes t

ho r izon ta l ga ze nys ta gm us wa s pe r fo rmed on Do wns and he fa il ed th i s te s t . Dow ns

 admitted

  to this off icer  that  h e

c o n s u m e d a l c o h o l a n d s m o k e d m a r i j u a n a  prior  to be ing s topped . Do wns

 admitted

  to this off icer  that  he shou ldn ' t hav e

been dr iv ing. A s ea rc h o f the vehic le I found  spi l t alcohol on the

  front

 s e a t p a s s e n g e r

 floor

O n th e b a c k s e a t p a s s e n g e r

floor

  was a s i x pack o f Bud L igh t bee r

 with

  tw o

  full

 bott les

  left

  in the pack . A t approx imate ly 02 :50 hours Dow ns wa s read

the Imp l ied Co ns en t A dv i so ry and a reques t fo r sp ec im en o f h i s b rea th w as reques ted . Dow ns re fused and s a id fuck o f f

and re fused to s ign

  a l s o .

M y COM MIS SION E —  ...̂ .̂o.̂ .̂

r  »

in the S tate o f Iowa

MARCH 21.20. ,__

Complain t and af f idav i t

  tiled

  and probable

  c a u s e  found that

  the de fendan t

  committed

  the o f fense charged .

Mag i s t ra te

E-FILED 2015 AUG 01 8:11 AM SAC - CLERK OF DISTRICT COURT

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IN THE

IOWA DISTRICT

COURT

N

AND FOR SAC COUNTY

STATE

OF

OWA,

Plaintiff,

vs .

NICKOLAS

JOHN

DOWNS

DOB: 0112711982,

Defendant.

No. OWCR012899

Count -

OWI

-

lst OFFENSE

GUILTY

PLEA

COUNT

I

l, the undersigned

Defendant,

have carefully

ead and fully

understand

he following:

I am charged

with OPERATING

A MOTOR

VEHICLE

WHILE

INTOXICATED'

FIRST

OFFENSE,

in violation

of

lowa Code

Section

321J.2,

a Serious

Misdemeanor,

nd I

hereby

request

hat

my

plea of

guilty

to the charge

be entered

of

record.

A.

The

maximum

punishment

or a Serious

Misdemeanor

s

imprisonmentof

not

more than

one

year

in

jail

and

a mandatory

ine of

not more

than

$1,250.00,

plus statutory surcharges,

lus

court

costs

and all

costs and

fees

ncurred for

legal assistance

hich

is immediately

due on

the

date

of sentencing,

unless

a

paynent

plan is

approved

by the court

within

thnty days of

the

Judgment

entry date.

Irealtze

that, if there

was no

personal

or

property injury, and

I

present

o

the Court

a

temporary

restricted'.license,

he Court

may

waive up

to

$625

of the

fine and the

related

statutory

surcharge.

I

acknowledge

hat, the Court

may order

me to

perform

community

service

work,

if the

Court

is of the oprnion

hat commuruty

service

work will deter

and discourage

others

rom similar

criminal

activity. The

community

service

must be

done for a

goverrunental r

non-profit

agency.

(The

rate at

which conmunity

service

shallbe

calculated

against

my fine shall

be the federal rmnimurnwage.) In addition, I may be required to pay correctional fees for

incarceration

nd enrollment

ees

or

probation. I am aware

hat sentencing

options

may

include

deferral

of Judgment

and Sentence,

he

grant

of

probation and the suspension

f

the sentence

irnposed.

.

There

is a minirnum

penalty

of

imprisorunent

n

jail

for

48 hours, which

must be

irnposed

unless

arn

eligible

or a deferred

udgment,

or

deferred

sentence.

.

The Court

must

order

me to attend

a course

or drinking

drivers.

.

The

Court

must

order

me

to

undergo

a substance

abuse

evaluation

and to

follow the

recommendations.

r

The Court

may

order

me to

participate

n

a reality

education

substance

buse

prevention

program.

o The Court may order restitutionto any victim of rny offense. In addition, he Court may

order

restitution

up to

$500

each to any

public agency

(flre-fightrng, law enforcement,

ambulance,

medical

or

any other

emergency

services),

which responded

as a

result of

my

violation.

r

Unless

the

Department

of

Transportation

has already

revoked

my

license or driving

privileges,

understand

my

license or

driving

privilegeswill be

revoked

a minimum

of

180

days.

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

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r

I understand

hat

there

can be

no

deferral

ofjudgment

or

sentence

r

suspension

f'any

mandatory

minimum

sentence

of

incarceration

and

no suspension

of

any other

part

of

my

sentence

not

involving

incarceration

f:

o

I tes ted

ver . l5o%;or

r I refusedan impliedconsent est; or

o

I have

been

convicted

of OWI

or

received

a

deferred

udgment

or

sentence

or

OWI

in lowa

or

any

other

state;

or

.

If another

personwas

injured

by

this

OWI

offense.

o

I understand

hat

there

can be

no

reduction

ofmy

fine and

the

related

statutory

surcharge

unless:

o

The

Court

finds

that

there

has

been

no

personal

njury

as a

result

of

my

actions,

and

The Court

furds

hat

there

has been

no

property damage

as a result

of

my actions,

and

o

I

present

a temporary

estricted

icense

withur

the time

ordered

by the

Court.

. I understand must completea substance buseevaluation

at

my own

expense

before

I

can

be sentenced.

will

provide

the evaluation

o the

Court

before

am

sentenced.

B.

I understand

hat

a criminal

conviction,

defened

udgment

or

deferred

sentence

may

affect

my status

under

federal

mmigration

aws.

C.

If

I

plead

not

guilty,

I wguld

be

entitled

o

the

following

rights.

I

give

up

these

ights

by

pleading

guilty:

(

I

).

The

rtght

to

a speedy

and

public trial

by

a

ury

of

twelve

people'

iZ).

fn.

rlgnt

to

have

an

attorney

represent

me at

trial

and,

f

the Court

found

I was

unable

o

afford

an

attorney,

he

Court

would,

at

public expense,

ppoint

an attorney

o

represent

me.

(3).

At

trial,

I

would

be

presumed

nnocent

until

such

ime,

if ever,

the

State

established

ny

guilt beyond

a

teasonable

oubt.

(4).

At

trial,

a

ury

verdict

of

guilty would

have o

be unanimous'

iSl.

At

trial,

I would

have

he

privilege

agarnst

elf-rncrirnination,

hat

is, I cannot

be

forced

o

testify,

and

if

I choose

not

to testify,

the State

may

not

comment

on the

fact of

my

failure o

testifr

and,

at

my

request,

would

be

entitled

o a

ury

instruction

stating

that the

ury

could

not

infer

guilt

from

my

failure

o testif,.

(6).

At trial,

the

State

would

have

to

confront

me

with

witnesses

upon

whose

testrmony

t

relied

o

obtain

conviction,

and

I would

have

he

right

to cross

examine

hose

witnesses.

(7).

At

trial,

I would

be

entitled

to

present

witnesses

o

testi$r

on

my

behalf

and

to

compulsory

process o

secure

hose

witnesses.

D. By pleadingguilty, there will not be a trial of any kind. By pleadingguilty, I waive my

right

to

trial,

and

will

be

treated

as

f I

had

been

ried

and

found

guilty by a

ury'

E.

The

Court,

in detennining

whether

here

s

a factual

basis

or

this

plea of

guilty, may

make

such

a determination

by

examining

the

Minutes

of

Testimony

attached

to

the Trial

Information,

by

reviewing

the

investigative

reports

of law

enforcement

agents

who have

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

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nrvestigated

he

offense,

or by

asking

me

or

counsel

o recite

and

summarize

he

material

facts

hat

would

be

offered

at trial.

The

Court

has he

discretion

o accept

and

myself.

The

Plea

agreement

s:

or

reject

any

plea

agreement

made

between

he

State

I will

plead

guilty to Count

I: Operating

a

Motor

1 O

which will be

f 1 2

not

end

aI

Driv

fo

3 5

o f o

to com

a fine

2 hour

u s a

nd cou

hour

w

Alcoh

on

m t h e J

of

10.

the

a

be

which

ment.

lf

25.

will follow

t

ed

to

f o

drivr

bstance

fine

will

valuatio

the Co

stand

the

lic

1V1

ffense

will

for the eriod. the

nt

lSI111SSA

I l o f

tion

the co

24088

ismrssal

ron

SMCR012900.

with

court

costs

assessed

o

the

defendant'

This

plea agreement

ncludes

hat

I

will be

responsible

o

pay

court

costs,

payrnent

of all

costs

and

fees

ncurred

for legal

assistance,

ictim

restitution,

correction

(iail) fee

for any

ai l

time

and

all

surcharges

nd

mandatory

punishments

seeparagraph

B) applicable

o

my case.

F. I

now

state

o

the

Court

that

I

am,

in fact

GUILTY

and

that

no

threats

or

promises

have

been

made

o

induce

me to

enter

my

plea of

guilty. I

have

been

nformed

hat

the

elements

of

the

crime

are:

I operated

a

motor

vehicle

(1)

while

under

the

influence

of

an

alcoholic beverageor other drug or a combination of such substances;or (2) while

having

an

alcohol

concentration

of

.08

or

more;

or

(3)

while

any

amount

of a

controlled

substance

s

present n

my

person

as

measured

n my

blood

or

urine'

I

understand

he

nature

of the

charge

against

me.

This

offense

was

committed

by

me

in sac

county

lowa

by

my doing

the

following:

I did

t l

wlr

while

I

hereby

tate

hat

submit

his

written

plea

of

guilty

with

full

knowledge

nd

waiver

of

my

rights

andI do so freelyandvoluntarily. No threatshavebeen

made

against

me

to obtain

his

guilty

plea. No

promises

f

leniency

r

favorable

reatment

ave been

made,

except

or

any

plea

agreement

isclosed

o

the

Court

at the

ime

of this

guilty

plea'

G.

lf the

Court

accepts

my

pleaof

guilty, realize:

(1). The

Court

will

set

a

sentencing

ate

not

less

han

fifteen

days

after

the

date of

its

acceptance

f

this

guilty

pleaunless

waive

his

ight.

ln

order

o

contest

his

pleaof

guilty,

,,'uri

fi1.

a

Motion

in

Ariest

of Judgment

t

least

ive

days

prior to

sentencing.

he

right

to

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

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  IOWA DISTRICT COURT FOR SAC COUNTY 

STATE OF IOWA, 

Plaintiff / Petitioner, vs.

 NICKOLAS JOHN DOWNS , 

Defendant / Respondent. 

02811 OWCR012899

ORDER OF CONTINUANCE 

Defendant needs to obtain and file a substance abuse evaluation prior to sentencing. 

Upon application of the Defendant and for good cause: 

This matter is continued, Sentencing Hearing is scheduled on 01/20/2016 at 9:30 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

1 of 2

E-FILED 2016 JAN 11 9:27 AM SAC - CLERK OF DISTRICT COURT

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2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

 

STATE OF IOWA, 

PLAINTIFF, 

VS. 

NICKOLAS JOHN DOWNS , 

DEFENDANT.

 Case No. 02811 OWCR012899

O R D E R

  The Defendant failed to appear for the sentencing hearing scheduled for January

20, 2016. A warrant should now issue for the Defendant's arrest to secure appearance

for those proceedings.

 

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

  1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $1,000.00 cash only.

  2. When the Defendant has been arrested and is available for the sentencing

proceedings, the State shall so notify the Court. The sentencing hearing will then be

rescheduled.

 

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

CHARLES A SCHULTE

SAC COUNTY SHERIFF

1 of 2

E-FILED 2016 JAN 20 1:20 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Case Number Case TitleOWCR012899 STATE VS NICKOLAS JOHN DOWNSType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered

Electronically signed on 2016-01-20 13:19:57

2 of 2

E-FILED 2016 JAN 20 1:20 PM SAC - CLERK OF DISTRICT COURT