Michael John Groth is charged with operating a motor vehicle while intoxicated (OWI) in Sac County, Iowa on April 11, 2014. A police officer observed Groth speeding and pulled him over, detecting signs of intoxication including the smell of alcohol and poor performance on field sobriety tests. A breathalyzer test revealed Groth's blood alcohol content was over the legal limit of 0.08. Groth has been charged with OWI first offense, a serious misdemeanor.
Michael John Groth is charged with operating a motor vehicle while intoxicated (OWI) in Sac County, Iowa on April 11, 2014. A police officer observed Groth speeding and pulled him over, detecting signs of intoxication including the smell of alcohol and poor performance on field sobriety tests. A breathalyzer test revealed Groth's blood alcohol content was over the legal limit of 0.08. Groth has been charged with OWI first offense, a serious misdemeanor.
Michael John Groth is charged with operating a motor vehicle while intoxicated (OWI) in Sac County, Iowa on April 11, 2014. A police officer observed Groth speeding and pulled him over, detecting signs of intoxication including the smell of alcohol and poor performance on field sobriety tests. A breathalyzer test revealed Groth's blood alcohol content was over the legal limit of 0.08. Groth has been charged with OWI first offense, a serious misdemeanor.
Michael John Groth is charged with operating a motor vehicle while intoxicated (OWI) in Sac County, Iowa on April 11, 2014. A police officer observed Groth speeding and pulled him over, detecting signs of intoxication including the smell of alcohol and poor performance on field sobriety tests. A breathalyzer test revealed Groth's blood alcohol content was over the legal limit of 0.08. Groth has been charged with OWI first offense, a serious misdemeanor.
STATE OF IOWA Vs. Michael J ohn Groth Before (J udge, Magistrate) _ Criminal Case No. - - - - - - - - - - - - - Defendant Address 601 Morningside Drive Complaint Sac City, Iowa 50583 Date of Birth 04-09-1992 Serious Misdemeanor The defendant is accused of the crime of Operating While Intoxicated (1 st Offense) in violation of (Section 321J .2 of the Code of Iowa) or Ordinance No. __ of the City of __ , in that the defendant on the 11th day of April, 2014, at the Intersection of Pierson & Main Street, Sac City, Iowa in Sac County, did: operate a motor vehicle while intoxicated. (State acts or omissions constituting offense) Dated Complainant Statutory Reference 804.1 Code of Iowa Address SCV b STATE OF IOWA, COUNTY OF SAC, ss. I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other reliable persons form my belief that Michael J ohn Groth the defendant committed the crime charged. On Friday, April 11,2014 at approximately 22:05 hours I was parked at the Sac City Municipal Building at Park Avenue & Main Street facing west when I observed a black Chevrolet Pickup bearing an Iowa Registration Plate 458TTI traveling east on Main Street. I checked the vehicles speed at 59 mph in a 35 mph zone on the bridge near 3 rd & Main Street. I made a traffic stop on the vehicle at Pierson & Main Street and discovered Michael J ohn Groth. I could smell an odor of an intoxicating beverage coming off his person as he spoke. His eyes were red and watery and he had difficulty conducting multiple tasks when asked. After unsuccessfully completing a series of standard field sobriety tests, I asked him back to my patrol vehicle for a preliminary breath test. The results indicated a blood alcohol content above that which is allowed in the State of Iowa when operating a motor vehicle. I placed Groth under arrest and transported him to the Sac County law Enforcement Center where I read him the Iowa Implied Consent Advisory and requested a sample of his breath. He consented and the result of the test was 0.142 BAC. Groth was charged with Operating While Intoxicated (1 st Offense) and jailed. Subscribed and sworn to before me by the said __ ---'5 ..... '-t-.:...."-=.::<-;..::e:....:'-\T-C~~~(;;_'_\.:::s'""o<..:.""'---'-----_;;__----, Complainant, on the I ,"'''day of A'(',' \ , 20~. ' the State of Iowa Complaint and affidavit filed and probable cause found that the defendant committed the offense charged. Magistrate :!o.,"~l.I.c.._KAREN ELIZABETH KIME ~'~A -y. Commission Number 777584 *~* M Y COMMISSION ~ t'WI> MARCH 21. 2O.J ..l.L E-FILED 2014 APR 12 12:33 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff,
vs.
MICHAEL JOHN GROTH , Defendant.
Case No: 02811 OWCR012532
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, having been 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 attorney present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon proper 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 plua 35% surcharge and court costs You will lose your license for a minimum of 180 days and cannot obtain a work permit for 0 days.
1 of 4 E-FILED 2014 APR 14 9:29 AM SAC - CLERK OF DISTRICT COURT 4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes 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 facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, 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 determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 hearing is: Waived Preliminary Hearing is scheduled on 05/05/2014 at 9:30 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 at 712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED 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 Defendant Defendant 2 of 4 E-FILED 2014 APR 14 9:29 AM SAC - CLERK OF DISTRICT COURT Sac County Sheriff 3 of 4 E-FILED 2014 APR 14 9:29 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH Type: HEARING FOR INITIAL APPEARANCE So Ordered Electronically signed on 2014-04-14 09:29:54 4 of 4 E-FILED 2014 APR 14 9:29 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 APR 14 12:14 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
THE STATE OF IOWA, ) ) PLAINTIFF ) Crim No.OWCR012532 ) Vs. ) Appearance and Waiver of ) Preliminary Hear MICHAEL JOHN GROTH ) ) DEFENDANT )
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminary hearing in the captioned matter.
/s/Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C 421 Main St., PO Box 392 Sac City, IA 50583 Phone: (712) 662-4715 Fax: (712) 662-4884
Original filed Copy to: County Attorney E-FILED 2014 APR 14 2:17 PM SAC - CLERK OF DISTRICT COURT 1 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012532 Plaintiff, vs. TRIAL INFORMATION MICHAEL JOHN GROTH, DOB: 04/09/1992 Defendant. 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, Michael John Groth of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Michael John Groth, on or about April 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of the following means: a. While under the influence of an alcoholic beverage or drugs or a combination of such substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. While any amount of a controlled substance is present in the person as measured in the person's blood or urine. A TRUE INFORMATION Prosecuting Attorney Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT 2 Email: attorney@saccounty.org THE STATE OF IOWA vs. MICHAEL JOHN GROTH Criminal No. OWCR012532 COUNT I: Operating While Intoxicated, First Offense NAMES OF WITNESSES: STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered Electronically signed on 2014-05-06 12:35:37 page 3 of 3 E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
MICHAEL JOHN GROTH ,
Defendant.
Case No: 02811 OWCR012532
ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 is scheduled on 05/21/2014 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 such hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment under 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 show cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH So Ordered Electronically signed on 2014-05-06 12:35:38 page 2 of 2 E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISRICT COURT FOR SAC COUNTY STATE OI -' I OWA. Vs. MICHAEL .TOTIN GROTI I Defendant ) CRI MI NAT. NO OWCRO12532 ) ) WRrTTEN ARRAIGNMENT. ) ) PLEAOFNOTGUI LTY ) ) Date l' rial Inlbrmation filed: 05/06/2014 COMES NOW the Defendant in the above-captioned criminal case and under oath states: l. I am reprcsented b)' Attorne)' Charles A. Schulte, whose address and phone number are 421 Mai n St . . PO Box 392. Sac Ci t y, I A. 50583: (712) 662-4715. 2. M.v cunent mailing and residence address and phone numbcr are 601 Morningside Dr . . SacCi t y. I A50583. Myphonenumber i s: 712- 660- 38l 0. M1 dat eof bi r t hi s04- 09- 1992. I can rcad and understand the English language and have completed the lbllowing lcvel ofeducation: l2 Years. ,1. I havc been advised by my attorne,v and undcrstand that I have a right to araignment in open Coufi, and I voluntaril.v waive that right. choosing instead to sign this Written Anaignment and Plea of Not Guilty. I understand that times for funher proccedings rvhich are computed fron.r the date of anaignment rvill bc computed liom the date of filing this Written Anaignment and Plea of Not Guilty. 5. I have received a copy of the Trial Inlbrmation which chargcs me with the crimc of COUNT I: OPERA.TING WHILE INTOXICATED FIRST OFFENSFI' in violation of l owa Code Sect i on 32 I J. 2. 6. With regard to the name by which I am charged in the Trial lnformation (cither check "a" or check and complete "b"): b6a. Lhc neme on the Trial Information is my true name. I have been adviscd "nd uttd".\and thar I am nou precluded from objecting to the Trial Information upon the ground that I am in, propcrly named. ( )b. The name shorvn on the Trial Inlbrmation is not my true name. M"Y true name is. I rcquest that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will bc had against me by that namc. the Trial lnformation r.vill be arnended accordingly. and when thc Trial lnfbrmation is so amended. I will be precluded from objecting upon the grounds I am improperl-v named. 7. I have been advised and understand that I may plead guilty. not guilty or formcr conviction or acquittal. E-FILED 2014 MAY 20 2:25 PM SAC - CLERK OF DISTRICT COURT 8. For the purpose ofthis arraignment. I have had sulllcient time to discuss my case with my attorney. and I r'vaive any further time in r.vhich to enter a plea. 9. I plead NOT GUILTY to tho charges in paragraph 5 above. 10. I have been advised and understand tl.rat I have a right under Rulc 2.33(2)(b) o1 the Itnt'a Rules o/ Crintinal Procedure to a trial within ninety days/one year aftcr the filing of the Trial Information and (check either "a" or "b"): )/a. I demand speedy trial pursuant to Rule 2.33(2)(b) and (c) ( ) b. 1*' aive m.v right to a speed.v trial pursuant to Rule 2.33(2Xb) and (c). 11. I request that a trial date bc set pursuant to Rule 8.1 of the.lou' a Rules ol (' riminal Procedure. My attorney and I rvill be available for trial on thc lbllou' ing davs: Any Ti me. Original to be filcd with Clerk of Court Copy provided to: Countv Attornev E-FILED 2014 MAY 20 2:25 PM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
MICHAEL JOHN GROTH ,
Defendant.
Case No: 02811 OWCR012532
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on May 20, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows: Pretrial Conference: Pretrial Conference is scheduled on 07/02/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 07/22/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of 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 depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, 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 set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
1 of 3 E-FILED 2014 MAY 20 3:03 PM SAC - CLERK OF DISTRICT COURT Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.
Clerk to provide copies to: County Attorney, Defense Attorney or Defendant 2 of 3 E-FILED 2014 MAY 20 3:03 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-05-20 15:05:07 3 of 3 E-FILED 2014 MAY 20 3:03 PM SAC - CLERK OF DISTRICT COURT 1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
JASON CARNINE MICHAEL GROTH MILES MCCREA MAURICE SIEBRECHT, TYREL BROUCHOUS, DONNA MAU, MATTHEW WESSELS,
STATE 0. JASON CARNINE, DE3AND STATE 0. MICHAEL GROTH, DE3AND STATE 0. MILES MCCREA, DE3AND STATE 0. MAURICE SIEBRECHT, STATE 0. TYREL BROUCHOUS, STATE 0. DONNA MAU, STATE 0. MATTHEW WESSELS,
C#()7 S'a## F")/-' Co./(- To: C%*nt+ Att%(n+ Dfn" Att%(n+" 3a#$ #a"5 Un('("nt! Dfn!ant" 3a#$ #a"5 E-FILED 2014 JUL 15 11:31 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title SRCR012507 STATE VS DONNA JANE MAU SRCR012424 STATE VS MAURICE DON SIEBRECHT AGCR012500 STATE VS TYREL LYNN BROUCHOUS OWCR012535 STATE VS MATTHEW WESSELS SRCR012515 STATE OF IOWA VS. JASON L. CARNINE OWCR012532 STATE VS MICHAEL JOHN GROTH FECR012534 STATE VS MILES ROSS MCCREA So Ordered Electronically signed on 2014-07-15 11:31:46 page 3 of 3 E-FILED 2014 JUL 15 11:31 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MICHAEL JOHN GROTH, Defendant. Case No. OWCR012532 REPORT OF PRETRIAL CONFERENCE THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT: On July 2, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State appeared by Sac County Attorney Ben Smith. The defendant appeared by attorney Chuck Schulte. The parties, through the undersigned, represent the following to the Court: A plea agreement has been reached the terms of which are as follows: defendant has agreed to plead guilty to count 1 (OWI FIRST OFFENSE), and pay all minimum fines, fees, costs, and penalties. In consideration of the foregoing, the State has agreed to recommend that defendant receive a deferred judgment and be placed on informal probation through the Sac County Probation Office. Additionally, Defendant intends to submit a written guilty plea by July 29, 2014. Defendant intends to waive presence at sentencing. Defendant intends to waive time between plea and sentencing. __________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org E-FILED 2014 JUL 17 9:54 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MICHAEL JOHN GROTH ,
Defendant.
02811 OWCR012532
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in this cause.
IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 08/06/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest being issued.
1 of 2 E-FILED 2014 JUL 17 12:51 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH Type: OTHER ORDER So Ordered Electronically signed on 2014-07-17 12:51:27 2 of 2 E-FILED 2014 JUL 17 12:51 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, vs. Plaintiff No. OWCR0l 2532 GUILTY PLEA SERI OUS MI SDEMEANOR. OWI MICHAEL JOHN GROTH. DOB: 0410911992 Defendant. COUNT I I, the undersigned Defendant, have carelully read and lully understand the following: I arn charged with OPERATINC A MOTOR VEHICLE WHILE INTOXICATED - IST OFFENSE, in violation of Iowa Code Section 321J.2, a Set' ious Misdemeanor, and I hereby request that my plea of guilty to the charge be entered ol record. A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one year in jail and a mandatory fine ofnot more than S1,250.00, plus statutory surcharges, plus coud costs and all costs and fees hcurred for legal assistance which is immediately due on the date of sentencing, unless a payment plan is approved by the court withir thirty days ofthe Judgment date. I realize that, if therc was no personal or property injury, and I present to the Courl a temporary restricted license, the Court may r.vaivc up to $625 of the fine and the related statutory surcharge. I acknowledge that, the Court may order me to perfotm community service work, if the Court is of the opnion that comrrunity service work will deter and discourage others from similar criminal activity. The community service must be done for a governmental or non-profit agency. (The rate at which community service shall be calculated against my fine shall be the federal minimum wage.) In addition, I may be required to pay correctional fees for incarceration and enrollnrent fees for probation. I am aware that sentencing options may include deferral ofJudgment and Sentence, the grant ofprobation and the suspension ofthe sentence imposed. . There is a minimum penalty of imprisonment in jail for 218 hours, which must be imposed unless I am eligible lbr a deferred judgmcnt, or deferred sentence. . The Court musl order me to attend a course for 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 in a reality education substance abuse prevention program. . The Court may order restitution to any victrm of my oflbnse. ln addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law enforcement, ambulance, medical or any other emergency selvices), which responded as a result of tny violation. E-FILED 2014 JUL 25 10:01 AM SAC - CLERK OF DISTRICT COURT . Unless the Department of Transportation has already revoked my license or driving privileges, I understand my license or driving privilcges will be revoked a mtnimum of 180 days. o I understand that there can be no defenal ofjudgment or sentence or suspension ofany mandatory minrmum sentence of incarceration and no suspension of any other part of my sentence not involving incarceration if: . I tested over . l5%o: or o I refused an implied consent test; or . I have been convicted of OWI or receivcd a defened iudement or sentence for OWI in Iowa or any other state; or o If another person was injured by this OWI offense. o I understand that there can be no reduction of rny line and the related statutory surcharge unless: o The Court finds that there ltas been no personal injury as a result of my actions, and . The Court finds that there has been no property damage as a result ofmy actions, and . I present a temporary restricted liccnse within the time ordcred by the Court. o I understand I must complete a substancc abuse evaluation at my own expense before I can be sentenced. I will provide the evaluation to the Court befbre I am sentenced. B. I understand that a criminal conviction, deferred judgment or def' ened sentence may affect my status under federal immigration laws. C. If I plead not guilty, I would be entrtled to the following rights. I give up these rights by pleading guilty: (l). The right to a speedy and public trial bya juryof twelve people. (2). The right to have an attorney represent me at trial and, if the Coun found I was unable to afford an attomey, the Court would, at public expensc, appoint an attomey to represent me. (3). At trial, I would be presumed innocent until such time, if ever, the State established my guilt beyond a reasonable doubt. (4). At trial, a jury verdict of guilty would have to be unanimous. (5). At trial, I would have the privilege against self-incrinination, that is, I cannot be forced to testi!, and if I choose not to testi0/, the State may not comment on the fact of my lbilure to testiry and, at my request, I would be entitled to a jury instruction statmg that the jury could not infer guilt lrom my failure to testif,. (6). At trial, the State would havc to conftont rne with rvitnesses upon whose testimony it relied 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 testily on my behalf and to compulsory process to secure those witncsses. D. tsy pleading guilty, there will not be a trial of any kind. By pleading guilty. I waive rny right to trial, and will be treated as if I had becn tried and found guilty by a jury. E-FILED 2014 JUL 25 10:01 AM SAC - CLERK OF DISTRICT COURT E. The Court, ur determining whether there is a factual basis lor this plea of guilty, may make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewrrg the investigative reports of law enforcement agents who have investigated the ollense, or by asking me or counsel to recite and summarizc the material facts that would be offered at trial. The Court has the discretion to accept or reject any plea agreement made between the State and mysell The plea agreement is: I will plead to Count l: Operating a Motor Vehicle While Intoxicated. l" Offense. The Counqr Attorney will recon,nTend a Deferred Judgment. I will follow and complete the recornmendation of the Substance Abuse Evaluation. which I obtained on April 14. 2014. I will be placed on probation to the Sac County Probation Oflicer for a period of one vear liom the Judgment date. I will pay a Civil Penalt). to the State Court Administrator. through the Clerk ofCourt. in the amount ofS1.250.00. and court costs: to be paid as set out in the probation supervision agreement. lf I obtain a temporary restricted license the Civil Penalti/ will be reduced to $625.00. I will complete a l2-hour Prime for Life course or similar orogram within sx (6) months of this date. Unless the Department of Transnortation has alread), revoked rn), license or driving privileges for this oflense. I understand m)' license or drrving privileges will be revoked a minimum of 180 da)'s. This plea agreement includes that I will be responsible to pay court costs, pa)4nent ofall costs and l ees mcurred f or l egal as: . i st ance. ri ct i nr rcsl i l uri on. correct i on t j ai l l Ge l or any j ai l t une and all surcharges and mandatory punislutents (see paragraph B) applicablc to my case. F. I now state to the Court that I am, m fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been infbrmed that the elements of the crime are: that I operated a motor vehicle (l) rvhile under the influence of an alcoholic beverage or other drug or a combination of such substanccs; or (2) while having an alcohol concentration of .08 or more; or (3) while any amount of a controlled substance is prsent in my person as mcasured in my blood or urine. I understand the nature of the charge against me, This offense rvas comnitted by me in Sac County lowa by nry doing the followurg: I did on or about April I l. 2014. unlawfullv operate a motor vehicle rvhilc under the influence of and rvas intoxicated at thc time when I lvas drivins and did have a blood alcohol concentration of .142 (BAC). I hereby state that I subrnit this written plea of guilty u' ith full krowledge and waiver of rny rights and I do so lieely and voluntarily. No threats have been made against me to obtain this guilty plea. No promises of leniency or lavorable treatment have been madc, except fbr any plea agreement disclosed to the Court at the time of this guilty plea. G. Ifthe Court accepts my plea ofguilty, I realize: (l) The Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right k) E-FILED 2014 JUL 25 10:01 AM SAC - CLERK OF DISTRICT COURT file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today. (2). Ifthe Cou( imposes a sentence today, I will never be able to challenge this plea ofguilty, and I will be giving up rny right to dfectly appeal my guilty plea. I ask the Court to accept this plea ofguilty. I waive the preceding rights and my right to have the Coufi address me personally. WAI VER OF MOTI ON I N ARREST OF JUDGMENT Ifthe Court accepts rny plea of guilty, I wish to be sentenced now. I understand that: L ln order to contest this plea o1' 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 of judgment, and that the Court will set a sentencing date not less than hfteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrest ol' Judgrnent 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 plea of 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 rvaive any time to which I may be entitled for sentencing at a later date. WAI VER OF RI GHI ' TO BE PRESENT I have been fully advised that I have a constitutional right to be present at my sentencing and present evidence in my own behall I understand that it is my choice to be present or not, and l hat no one can excl udc t ne &om rent enci ng. With the above in mind. and f' urther understanding that my decision whether to be present or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my sentencilg. STATE OF IOWA ) ) S S SAC COLINTY ) , - - -b; i l i r4f a"y or -t t Ut f 20t 4bcf orcrne rt rc unt i crsrgned. r Not ary pubt i c i n and f or sai d Sr ar c. pcr sonal l ; apper r ed / 14t e hAe- l Gl ol h . r omc known to be the identical pcrson named ln and who cxccLrted the fbregoing instrurncnt. and acknowledgcd , Def' endant' s Attomey ffi-5"*" iit co.rnit"iont becemoer t' " that he executed the samc ofhis voluntary act and deetl. of Iowa E-FILED 2014 JUL 25 10:01 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COIINTY TI t E STATE OF I OWA. PlaintilT Vs. MICHAEL.]OHN GI{O' |H Defendant owcR0l 2532 NOTICE OT. II,MPORARY RESTRICl' ED PERMIT ' lhe defendant in this causc hereby gives notice that he l.ras obtained a tenlporary restricted permit to drilc (uork permit). A Cop-v of thc same is attached hcreto. Respectfully submitted. / s/ Charl es A. Schul t c AT0007137 Schulte Lau, F' inn. L C 421 Mai n St . . P. O. Box 392 Sac Cit.v. IA 505 83 (712) 662-47 15 Fax: (712) 662-4884 sc h u I arvlglpqUte !:tg!.! e'! E-FILED 2014 JUL 25 10:38 AM SAC - CLERK OF DISTRICT COURT USA 601 MORNINGSIDE DR' sAc cl rY, l a 50583 DL N. 200cc2381 ;, o5/13/2014 E' r 041w2022 era NONE DoB 04/09/199? irLr 980631872GM0955M090422R rcr f-03" Fy! s BRO E-FILED 2014 JUL 25 10:38 AM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MICHAEL JOHN GROTH,
Defendant.
OWCR0!"#!
RECORD OF PLEA OF GUILTY AND DEFERRED JUDGMENT ORDER
CHARGE: O$e%atin& W'ile Int()i*ated, Fi%+t Offen+e, a +e%i(,+ -i+de-ean(%, in vi(lati(n (f I(.a C(de / #!J.!
Defendant 'a+ filed a .%itten &,ilt0 $lea and a .aive% (f Defendant1+ %i&'t t( 2e $%e+ent f(% +enten*in&. Defendant a+3+ t'at t'e $lea t( t'e a2(ve *'a%&e4+5 2e a**e$ted and t'at +enten*e 2e i-$(+ed $,%+,ant t( t'e $lea a%%an&e-ent a&%eed ,$(n 20 t'e $a%tie+ .it'(,t t'e f(%-alit0 (f t'e %e*(%d %e6,i%ed 20 R,le+ !.7 and !.0 (f t'e I(.a R,le+ (f C%i-inal P%(*ed,%e. T'e C(,%t 'e%e20 inf(%-+ Defendant t'at Defendant1+ $lea (f &,ilt0 t( t'e a2(ve8%efe%en*ed *'a%&e i+ a**e$ted.
IT IS THE ORDER OF THE COURT AS FOLLOWS: . Defendant i+ &%anted a defe%%ed 9,d&-ent $,%+,ant t( I(.a C(de Se*ti(n+ :0." and :0;.#. !. Defendant +'all $a0 all (f t'e f(ll(.in& finan*ial (2li&ati(n+< 4a5 P,%+,ant t( I(.a C(de Se*ti(n+ #!J.!4#54*545 and :0;.=, Defendant +'all $a0 a *ivil $enalt0 (f >,!"0.00. Defendant 'a+ $%(vided n(ti*e and $%((f t'at 'e 'a+ (2tained a te-$(%a%0 %e+t%i*ted li*en+e i++,ed $,%+,ant t( I(.a C(de Se*ti(n #!J.!0, t'e%ef(%e, t'e C(,%t .ill .aive >?!".00 (f t'e *ivil $enalt0@ 425 %e+tit,ti(n in an a-(,nt t( 2e dete%-ined at a late% ti-e. T'e State +'all file a +tate-ent (f $e*,nia%0 da-a&e+ .it'in #0 da0+ (f t(da01+ date, (% n( %e+tit,ti(n +'all 2e (%de%ed. A$(n filin& (f +,*' a +tate-ent, t'e a-(,nt *lai-ed in t'e +tate-ent +'all 2e *(n+ide%ed t( 2e (%de%ed t( 2e $aid ,nle++ Defendant (29e*t+ t( t'e *lai-ed a-(,nt 20 filin& an (29e*ti(n .it'in 0 da0+ (f t'e filin& (f t'e +tate-ent. In t'at event, t'e C(,%t +'all i++,e an (%de% e+ta2li+'in& t'e %e+tit,ti(n a-(,nt, .it' (% .it'(,t a 'ea%in& a+ t'e C(,%t dee-+ a$$%($%iate@ and 4*5 Defendant +'all $a0 t'e *(,%t *(+t+ (f t'e+e $%(*eedin&+.
E-FILED 2014 JUL 25 11:19 AM SAC - CLERK OF DISTRICT COURT
2
Defendant +'all $a0 all finan*ial (2li&ati(n+ (.ed t( t'e Cle%3 (f C(,%t (f t'i+ *(,nt0 (% (nline at ....i(.a*(,%t+.&(v. All +,*' finan*ial (2li&ati(n+ +'all 2e $aid $,%+,ant t( a $a0-ent $lan t( 2e devel($ed 20 'i+ $%(2ati(n +,$e%vi+(%.
4?5 Defendant +'all *(-$l0 .it' all te%-+ (f t'i+ O%de%, in*l,din& $a0in& all finan*ial (2li&ati(n+ and *(-$letin& all %e6,i%ed ta+3+ in a ti-el0 -anne%.
Cle$% Shall F"$n!h Cope! To: C(,nt0 Att(%ne0 Defen+e C(,n+el P%(2ati(n S,$e%vi+(% I(.a De$a%t-ent (f T%an+$(%tati(n E-FILED 2014 JUL 25 11:19 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title OWCR012532 STATE VS MICHAEL JOHN GROTH So Ordered Electronically signed on 2014-07-25 11:19:15 page 4 of 4 E-FILED 2014 JUL 25 11:19 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 29 8:19 AM SAC - CLERK OF DISTRICT COURT