OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf

8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf

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SAC COUNTY

14-14158 Agency Case Number:

12/20/2014 Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

FARLEY

Last

BRITTINI

First

MARY

Middle Suffix

657 STREETER DR. #513

Address

NORTH SIOUX CITY

City

IA

State

57049

Zip Code

8/26/1992

Date of Birth

FEMALE

Gender

HITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

SD

State

5' 01"

Height

135 LBS

Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

321J.2(2)(A)

Code Section

OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

Crime Description

SRMS

Class

13 - HIGHWAY/ROAD/ALLEYLocation Type

M062/NEEDHAM AVE

Literal Description

1/8 S. OF 350TH ST. ON M64

Address

ALL LAKE

City

IA

State

51466

Zip Code

YES

Is Date and Time of Incident Known?

12/20/2014

Incident Date or Low Range Upper Date Range

01:17

Incident Time or Low Range Upper T ime Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

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 ofsuch substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while anyamount of a controlled substance is present in the person as measured in the person's blood or urine

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

Last First Middle Suffix

STATE OF IOWA

Business/Organization/State/County/Municipality Name

Address City State Zip

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On 122014 I, Deputy Burns, was on routine patrol west bound on D54. I was behind a Red 2004 Pontiac Grand Am barring IA Lic. 483ZNB when weapproached the stop sign at D54 and M64. When said vehicle turned north bound on M64, said vehicle turned crossing theOn 122014 I, Deputy Burns, was on routine patrol west bound on D54. I was behind a Red 2004 Pontiac Grand Am barring IA Lic. 483ZNB when weapproached the stop sign at D54 and M64. When said vehicle turned north bound on M64, said vehicle turned crossing the

of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 14-141581 212/22/2014 8:13 AM

E-FILED 2014 DEC 22 8:13 AM SAC - CLERK OF DISTRICT COURT


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center line with the entire vehicle into the on coming lane of traffic. Said vehicle then weaved with in its own lane. I observed the license plate lampswhere out on the vehicle. I initiated my emergency lights at approximately 350th St. and M64. Said vehicle did not stop until approximately 18 mile southof 340th and M64. I identified the driver as said defendant. Said defendant stated she had been at a party and had had a couple of drinks. I observedan open bud light 24 ounce can in the back seat cup holder. I requested that said defendant perform standardized field sobriety tests which the 3 testsare as follows: Horizontal Gaze Nystagmus, Walk and Turn Test, and The One Leg Stand Test. Said defendant failed the standardized field sobrietytests. I then requested a sample of said defendants breathe via a PBT test which resulted in .176 BAC. Said defendant was then transported to the SacCounty Jail.

center line with the entire vehicle into the on coming lane of traffic. Said vehicle then weaved with in its own lane. I observed the license plate lampswhere out on the vehicle. I initiated my emergency lights at approximately 350th St. and M64. Said vehicle did not stop until approximately 18 mile southof 340th and M64. I identified the driver as said defendant. Said defendant stated she had been at a party and had had a couple of drinks. I observedan open bud light 24 ounce can in the back seat cup holder. I requested that said defendant perform standardized field sobriety tests which the 3 testsare as follows: Horizontal Gaze Nystagmus, Walk and Turn Test, and The One Leg Stand Test. Said defendant failed the standardized field sobrietytests. I then requested a sample of said defendants breathe via a PBT test which resulted in .176 BAC. Said defendant was then transported to the SacCounty Jail.

BURNS, JOEL 81-7

Signature of Complainant or Officer, Officer Name & Number

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLICBEVERAGES/CONTAINERS, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME

Defendant Implicated

Sac - 81

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 06 - ERRATIC DRIVING/TRAFFIC VIOLATIONS, 07 - POSSESSED ALCOHOLICBEVERAGES/CONTAINERS, 08 - BLOODSHOT/WATERY EYES, 09 - REFUSED TEST AFTER IMPLIED CONSENT ADVISORY, 10 - FAILED

ALK AND TURN TEST, 11 - IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH

OWI

BAC on Datamaster DCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

1 - FIRST OFFENSE

Number of Offense

OWI

SAC COUNTY

12/20/2014

KAREN KIMENotary Name Signature of Verifying Party

777584Commission Number

03/21/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 14-141582 212/22/2014 8:13 AM 2 212/22/2014 8:13 AM



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BAIL BO ND

DISTRICT CO UKI

OF

IOWA

SAC

COUNTY

FILED

STATE

O F IO W A ,

C O U N T Y

O F

20m

DEC 22

9

STA TE O F IO W A

V S .

Defendant

Before (Judge, Magistra te)

Cr imina l

C a s e

No .

B A I L

B O N D

A n

indictment (or charge) having been found (or made) in the District Court (or other appropriate Court) of the County of

fSac o n

t h e d a y o f — W ^ 20

-with the crime

charging

(designating it as in the warrant, indictment, or complaint), and such person having been duly admitted to bail in the sum of

We,

D O L L A R S :

Defendant, and

L e d e r m a n B o n d i n g C o m p a n y

Surety, hereby undertake that the said

Court of the County of

on the

— , Defendant, shall appear at the — D ist r ic t

day

o, O a r .

2 0

H . and

answer the said indictment (or charge), and submit to the orders and

judgment

of said court, and not depart without leave of same,

or if suchperson fails to perform either of these conditions,

that

such person

will

pay to the State of lowa the sum of

(Insert the sum in which the D efendant is admitted to bail).

L E D E R M A N

BA& L B O N D S

7 1 2 S y c a m o r e S t r e e t

W at e r lo o , I A 5 0 7 0 3

3 1 9 - 2 3 3 - S 8 2 4

8 0 0 - 5 6 4 - 8 8 9 8

Acknowledged before and accepted by me at

Surety

-, in the County of

-this

. in the Township of

day of

20 .

(Signature)

Statutory Reference: O fficial Form 5 (R. Cr. P. 30)

(Official title)


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W A R N I N G

D O N O T

A C C E P T

THIS

D O C U M E N T U N L E S S Y O U C A N S E E A T R U E W A T E R M A R K

A N D V I S I B L E

F I B E R S F R O M B O T H S I D E S .

INSURANCE

COMPANY.

INC.

POWER OF TTOR NEY

V A L I D

IF PO S T E D BY :

160

W AT ER

ST.,

N EW

Y O R K ,

N Y

1003B

AMOUNT

6 000

POWER NO .J S 0 6

S e p t e m b e r 1 ,

201

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A L L M E N B Y T H E S E P R E S E N T S that

Seneca Insurance Company, Inc., has constituted and appointed, and does hereby constitute and appoint the named

Executing Agent

its

true

and

lawful A

with

full power and authority to sign the company's name and affix its corporate seal to. and deliver on its behalf as surety, any and all

obligations

as herein provided, and the

execution

of

such

ob

pursuance of these presents shall be as binding upon the company as fully and to all intents and purposes as if done by the regularly elected officers of said company at its home office in their own

e said company hereby ratifies and confirms all and whatsoever its said Executing

Agent

may lawfully do and perform in the premises by virtue of these presents.

•••(

The

obligation

of the

company

shall not exceed the sum of S I X T H O U S A N D D O L L A R S

Executing

Agent

under tllis Power

of

Attorney is" limited to appearance bonds only and cannot be construed lo guarantee defendant's future lawful conduct, adherence to travel lim

nes, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance of the defendant. This Power of

Attorney

is for use

with

Bail Bon

void if altered, erased, or used with other powers of this company. It is not valid if used in connection with Federal Immigration Bonds or

C ivi l

Bonds.

A

separate Power

of

Attorney must be a

S T A C K I N G O F

P O W E R S

IS S TR I C T L Y P R O H I B I T E D N o more than one power from this Surety may be used to execute any one bond. Powers of

Attorney

must not be re

o Executing

Agent,

but should remain a permanent part of the court records.

B O N D

F O R F E I T S ,

attach a copy of this Power of Attorney to the forfeiture notice and

mail

to

S E N E C A

I N S U R A N C E G

E W Y O R K ,

N Y

10038 and the Executing Agent named below at:

5 U S A N C E C Q M P A N y r i N C . , A T T N : R A

IL

B O N D

DEPT.,

160 W A T E R ST , 16TH

W I T N E S S W H E R E O F , Seneca Insurance C o r r i M n y

:;

inc. has caused these ncesents to be signed by its duly authorized Executing Agent and

Attorney-in-Fact,

proper for the purpose

seal to be hereunto affixed this day of \ J f t ^ m \ : •

Premium Charged ^_ Appearance Date

ond

Amount

AmoLuat j> \ y J V _ -S Premium Charged

Case No.

State

arge ( ^ ^ > \ \ -

County

Ageni

If

rewrite.

Original No.

Executing Agent

License No.

FOR STATE USE ONLY

NOT VALID IF USED IN FEDERAL COURT %W<

IT IS U N L A W F U L TO PRINT O R R E P R O D U C E

THIS

F O R M .

-0198 / Rev. 5-14

J

COURT COPY


6/34

SAC COUNTY JUDICIAL MAG ISTRATE COURT

WARREN L.BU SH /JOS EP H J.HEIDENREICH JUDICIAL MAGISTRATES

712)662-7791, SAC CITY IOWA 50583

BOND AG REEM ENT

I,

FARELY,

BRITTNI

MARY

(PLEASE PRINT), h a v e b e e n c h a r g e d w i t h t h e

crime of:0WI ST. 321J.2)

&

OPEN CONTAINER 321.284)

a nd p r o m i s e

t o

a p p e a r

i n t h e S a c

C o u nty M a g i s t r a t e C o u r t

on t h e

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(CHECK 1 OR

r — 5

C T 3

m

1. My a p p e a r a n c e b o n d h a s b e e n s e t a t J ^ G O a n d I

a g r e e t o p o s t a l l

of

s u c h b o n d

or

1 0

as

a l l o w e d i n

2. I h a v e b e e n r e l e a s e d on my own r e c o g n i z a n c e p e n d i n g my

a p p e a r a n c e a t M a g i s t r a t e C o u r t .

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f a i l i n g

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agre,oment.

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I u n d e r s t a n d my f a i l u r e t o a p p e a r a t t h e d e s i g n a t e d d a te w i l l c a u s e

t h i s

agreement to become n u l l and v o i d and a warra nt f o r my a ^ re ^ t

w l l

be

i s s u e d by t h e J u d i c i a l Ma g i s t r a t e .

B o n d

p o s t e d

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Signa t u re

of

Inmate

A d d r e s s :

A m o u n t : Da ted:

The p a r t y who p o s t e d t h e b o n d a g r e e s t h a t a n y f i n e s . s u r c h a r g e s , c o s t s

r e s t i t u t i o n

a n d

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a m o u n t s o w e d may be p a i d

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d i s p o s i t i o n .

T h a t p a r t y f u r t h e r a g r e e s t h a t i f a n y s um s r e m a i n , i t may be u s e d f o r

r e p a y m e n t

o f a c c r u e d o r a c c r u i n g r o o m a n d b o a r d c h a r g e s d u r i n g i n c a r c e r a t i o n i n j a i l .

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er

C l e r k o f

Court/Designee


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY _________________________________________________________________

STATE OF IOWA, :

Plaintiff, : NO. OWCR012721

vs. :

BRITTINI M. FARLEY, : APPEARANCE AND WAIVER

OF PRELIMINARY HEARINGDefendant. : _________________________________________________________________

COMES NOW Michael P. Murphy, Murphy, Collins & Bixenman,

P.L.C., Attorneys at Law, 38 First Avenue NW, P.O. Box 526, Le

Mars, Iowa, 51031, and hereby enters his Appearance in

representation of Defendant, Brittini M. Farley.

The undersigned further waives preliminary hearing on behalf

of Defendant currently scheduled for December 29, 2014 at 8:30

a.m.

DATED this 23 day of December, 2014.rd

/s/ Michael P. MurphyMICHAEL P. MURPHY AT0005564

Murphy, Collins & Bixenman, P.L.C.Attorneys at Law38 First Avenue NWP.O. Box 526Le Mars, IA 51031Ph. (712)546-8844Fax (712)546-8847E-mail: [email protected] FOR DEFENDANT


mailto:[email protected]:[email protected]


8/34

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

BRITTINI MARY FARLEY ,

Defendant.

Case No: 02811 OWCR012721

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 isscheduled on 02/04/2015 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 shall

remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

E-FILED 2015 JAN 20 3:19 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012721 STATE OF IOWA VS FARLEY, BRITTINI M

So Ordered

Electronically signed on 2015-01-20 15:20:23 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012721

Plaintiff,

vs. TRIAL INFORMATION

BRITTINI MARY FARLEY,DOB: 08/26/1992 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, Brittini Mary Farley 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, Brittini Mary Farley, on or about December 20, 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 SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. BRITTINI MARY FARLEY

Criminal No. OWCR012721

COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,

CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL

INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY



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Type: Approval of Trial Information



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




13/34

Date: 1/28/2015

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of Iowa

Plaintiff

No. OWCR012721

vs.

FARLEY, BRITTINI M

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic

equipment(__X__), television cameras (__X__) or electronic sound recording equipment

(__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and

sentencing.

3. The request(s) for expanded media coverage are described as follows:

Two video cameras, tripods, videographers; audio accessibility; two

photographers with up to two still cameras and two lenses each, two

tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___1/28/2015_____________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613

Fax: (515)574-4529

E-FILED 2015 JAN 28 11:32 AM SAC - CLERK OF DISTRICT COURT


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2RCR15


STATE OF IOWA,

PLAINTIFF,

vs. BRITTINI MARY FARLEY ,

DEFENDANT.

Case No. 02811 OWCR012721

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before February 9, 2015. If any objection is filed on or

before February 9, 2015, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 9, 2015, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

MICHAEL P MURPHY

MEDIA COORDINATOR

BRITTINI MARY FARLEY

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Case Number Case TitleOWCR012721 STATE OF IOWA VS FARLEY, BRITTINI MType: OTHER ORDER

So Ordered

Electronically signed on 2015-01-28 14:09:25

2 of 2



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19/34

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. BRITTINI MARY FARLEY ,

Defendant.

Case No: 02811 OWCR012721

RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 29, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 03/18/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior 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 04/07/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe 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.

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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



21/34


Case Number Case TitleOWCR012721 STATE OF IOWA VS FARLEY, BRITTINI MType: ORDER SETTING TRIAL

So Ordered


3 of 3



22/34


STATE OF IOWA,

Plaintiff,

v.

BRITTINI FARLEY,

Defendant.

No. OWCR012721

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On March 16, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Mike Murphy. The parties, through theundersigned, 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 the count one of the trial information

(OWI First Offense) and the State has agreed to recommend that Defendant

serve the minimum number of days in jail, be placed on informal probation

through the Sac County Probation Office, pay the minimum fine and all

applicable costs and fees. The State has also agreed to dismiss Defendant’s

“companion” citations filed in Nos. STA0022262 and STA0022261.

Further, Defendant intends to waive presence at sentencing and also

waive time between plea and sentencing.

__________________________

Benjamin John SmithSac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2015 MAR 16 9:31 AM SAC - CLERK OF DISTRICT COURT


23/34


STATE OF IOWA,

Plaintiff, vs.

BRITTINI MARY FARLEY ,

Defendant.

02811 OWCR012721

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 04/01/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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E-FILED 2015 MAR 16 1:29 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012721 STATE OF IOWA VS FARLEY, BRITTINI MType: OTHER ORDER

So Ordered


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1


STATE OF IOWA,

Plaintiff,

v.

BRITTINI M. FARLEY,

Defendant.

OWCR01!1

RECORD OF PLEA OF GUILTY ANDSENTENCING 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 - 1/.

Defendant %a) filed a #itten $*ilt "lea and a aive# &f Defendant) #i$%t t& 2e"#e)ent f )enten(in$. Defendant a)3) t%at t%e "lea t& t%e a2&ve (%a#$e 2e a((e"tedand t%at )enten(e 2e i+"&)ed "*#)*ant t& t%e "lea a##an$e+ent a$#eed *"&n 2 t%e"a#tie) it%&*t t%e f+alit &f t%e #e(d #e4*i#ed 2 R*le) .5 and .10 &f t%e I&aR*le) &f C#i+inal P#&(ed*#e.

T%e C&*#t %e#e2 inf+) Defendant t%at Defendant) "lea &f $*ilt t& t%ea2&ve6#efe#en(ed (%a#$e i) a((e"ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i) ad7*di(ated $*ilt &f t%e (#i+e &f O"e#atin$ W%ile

Int&'i(ated, Fi#)t Offen)e, in vi&lati&n &f I&a C&de - 1/... Defendant i) %e#e2 )enten(ed a) f&ll&)8

a. Defendant )%all "a all &f t%e f&ll&in$ finan(ial &2li$ati&n)891: a fine in t%e )*+ &f ;1,


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&eve#, )in(e n& "e#)&nal "#&"e#t in7*# #e)*lted f#&+Defendant) a(ti&n), ;


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P#&2ati&n S*"e#vi) i+"&)e), t%e C&*#t )"e(ifi(all i+"&)e) all &ft%e f&ll&in$ te#+) &f "#&2ati&n8

91: Defendant )%all +a3e in6"e#)&n (&nta(t it% t%e P#&2ati&nS*"e#vi) it%in )even 9!: da) &f t%e filin$ &f t%i) O#de# t&)i$n *" f "#&2ati&n and )i$n an "#&2ati&n )*"e#vi)i&na$#ee+ent #e4*e)ted 2 t%e P#&2ati&n S*"e#vi).Tele!"#e $"#%a$% &' #"% '())&$&e#%=

9: Defendant )%all &2e all la)=

9: Defendant i) "#&%i2ited f#&+ (&n)*+in$ "&))e))in$al(&%&l an ille$al d#*$ an d#*$ f %i(% Defendantd&e) n&t %ave a valid "#e)(#i"ti&n. In additi&n, Defendant i)"#&%i2ited f#&+ 2ein$ at an l&(ati&n %e#e al(&%&l ille$ald#*$) a#e "#e)ent, #e$a#dle)) &f %et%e# Defendant i)

a(t*all in "&))e))i&n &f (&n)*+in$ )*(% al(&%&l ille$ald#*$). T%i) "#&%i2iti&n d&e) n&t "#&%i2it Defendant f#&+2ein$ at a "*2li( l&(ati&n 9e.$., #e)ta*#ant: %e#e al(&%&l i))e#ved, )& l&n$ a) t%e "#i+a# "*#"&)e &f t%e e)ta2li)%+enti) n&t t%e )e#vin$ &f al(&%&l and Defendant i) n&t (&n)*+in$ in "&))e))i&n &f al(&%&l at t%at l&(ati&n= and

9?: Defendant )%all (&+"l it% all te#+) &f t%i) O#de#,in(l*din$ "ain$ all finan(ial &2li$ati&n) and (&+"letin$ all#e4*i#ed ta)3) in a ti+el +anne#=

d. Defendant %a) &2tained a )*2)tan(e a2*)e eval*ati&n. Defendant)%all f&ll& an #e(&++endati&n) f t#eat+ent (&*n)elin$+ade a) a #e)*lt &f t%e eval*ati&n, all at Defendant) &n e'"en)e=and

e. Defendant )%all en#&ll in and (&+"lete t%e D#in3in$ D#ive#) S(%&&l)"&n)ed 2 t%e (&++*nit (&lle$e ))te+. On 2efe t%e 0t% da f&ll&in$ t%e filin$ &f t%i) O#de#, Defendant )%all file #itten"#&&f it% t%e Cle#3 &f C&*#t t%at Defendant %a) (&+"leted t%eD#in3in$ D#ive#) S(%&&l.

. T%e C&*#t $#ant) t%i) )enten(e 2e(a*)e it "#&vide) f Defendant)#e%a2ilitati&n and t%e "#&te(ti&n &f t%e (&++*nit. T%e C&*#t %a) (&n)ide#ed t%e)enten(in$ #e(&++endati&n &f t%e "a#tie).

?. Defendant %a) a )tat*t #i$%t t& a""eal 2 filin$ #itten n&ti(e &f a""ealit% t%e Cle#3 &f C&*#t &f t%i) (&*nt it%in 0 da) &f t%e date &f t%e)e "#&(eedin$).If Defendant i) *na2le t& "a t%e (&)t) &f a""eal, Defendant +a a""l t& t%e C&*#t fa""&int+ent &f (&*n)el and t%e f*#ni)%in$ &f a t#an)(#i"t &f t%e eviden(e a) "#&vided in



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I&a C&de Se(ti&n) 51?.@ and 51?.11. Filin$ a n&ti(e &f a""eal it%in t%e ti+e and int%e +anne# )"e(ified in I&a R*le &f A""ellate P#&(ed*#e .101 i) 7*#i)di(ti&nal andfail*#e t& (&+"l it% t%e)e "#&vi)i&n) )%all "#e(l*de Defendant) #i$%t &f a""eal.


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Type: OTHER ORDER



So Ordered




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OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf

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