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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
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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.
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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
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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
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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