Sioux Falls Woman Pleads Guilty to OWI 1st Offense

7/27/2019 Sioux Falls Woman Pleads Guilty to OWI 1st Offense

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E-FILED 2013 MAY 02 6:27 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

ELIZABETH DIANE SCHARTONDefendant

Case No. 02811 OWCR012300

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:OWI 1ST OFFENSEin violation of Section(s) 321J.2 of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on05/14/2013 at 09:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as

contempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).

E-FILED 2013 MAY 03 8:14 AM SAC - CLERK OF DISTRICT COURT



Case ID : 02811 OWCR012300 - STATE VS ELIZABETH DIANE

SCHARTON

Event Cd : SUMM

ELIZABETH DIANE SCHARTON filed




IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs.

ELIZABETH DIANE SCHARTON , Defendant.

Case No: 02811 OWCR012300

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSEDefendant appears by attorney Mandy L. Whidden

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1250.00 or more than $1875.00

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST

WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 05/31/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED 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 DefendantDefendant

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Sac County Sheriff

3 of 4




State of Iowa Courts

Case Number Case TitleOWCR012300 STATE VS ELIZABETH DIANE SCHARTON

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-05-14 11:02:17

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E-FILED 2013 MAY 28 12:37 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

ELIZABETH DIANE SCHARTON ,Defendant.

CRIMINAL NO. OWCR012300

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexlained, to !arranta conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment.

IT IS ORDERED, the Defendant shall ersonall" aear for Arrai!"#!$ at theSac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the 2!% da" of &'() 2013 a$ *+00 a."..

The Defendant is advised that failure to aear !ill result in the issuance of anarrest !arrant.

IT IS FURTHER ORDERED, the Defendant&s bond and conditions for releasefrom custod" in this matter shall be'

Defendant is released on ersonal reco$ni(ance.)ond is set in the amount of *++++++++++++++++.)ond ma" be unsecured.)ond must be cash or secured in the amount of the )ond.- cash ma" be osted.

B!% -r#i'/() /#$ /a(( !$i!'#.%ler/ of %ourt shall issue a summons for Defendant to Aear.%ler/ of %ourt shall issue an arrest !arrant.O$#r C!%i$i!/ R#(#a/#+

D##!%a!$ /a(( #) a(( F#%#ra(, S$a$#, a!% La( (a4/.The Defendant shall have no contact !ith the victim or an" !itness set

forth in the minutes of evidence in this matter.The Defendant shall be on re0trial suervision to the Second 1udicialDistrict Deartment of %orrectional Services.Other'

567 D##!%a!$ i/ Or%#r#% $ i""#%ia$#() $ai! a S'/$a!# A'/#Ea('a$i! a!% -ri%# i$ $ $# C'r$. Fai('r# $ % / "a) r#/'($ i! $#r#a$i! D##!%a!$8/ 9r# Tria( R#(#a/#.

E-FILED 2013 JUN 13 1:16 PM SAC - CLERK OF DISTRICT COURT




Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012300 STATE VS ELIZABETH DIANE SCHARTON

So Ordered

Electronically signed on 2013-06-13 13:16:21 page 2 of 2




STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012300

Plaintiff,

vs. TRIAL INFORMATION

ELIZABETH DIANE SCHARTON,

DOB: 10/16/1982 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, Elizabeth Diane

Scharton 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, Elizabeth Diane Scharton, on or about April 2, 2013, in the Countyof 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

/s/Benjamin John Smith

Prosecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse

100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected]

mailto:[email protected]

mailto:[email protected]




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






STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012300

Plaintiff,

vs.


Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, Sac County Sheriff's Department

GAIL EISCHEID, EMT-Sac County Emergency Medical Services

TONYA LANKFORD, ARNP, Loring Hospital Emergency Room

ROBERT MONSERRATE, CRIMINALIST, Iowa Department of Public Safety,

Department of Criminal Investigation, Criminalistics Laboratory




IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

PLAINTIFF

VS.

ELIZABETH SCHARTON

DEFENDANT.

OWCR012300

WRITTEN ARRAIGNMENT

AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case

and under oath states:

1. I am represented by Attorney Mandy L. Whiddon, whose address and

telephone number are 506 South Main Street, Council Bluffs, Pottawattamie

Coun ty, Iowa 51503 ; (712) 352-1000.

2. That I presently live and reside at 5001 South MacArthur Lane, Apt 304,

Sioux Falls, SD 57108.

3. I am thirty (30) years old, having been bo rn October 16, 1982.

4. I have been advised by the above named attorney and understand that I have a

right to arraignment in open court, and I hereby voluntarily waive that right,

choosing instead to sign this written instrument and plea of not guilty. I

understand that times for further proceedings which are computed from the

date of arraignment will be computed from the date of filing this written

arraignment plea of not guilty.

5. I have received a copy of the indictment / trial information which charges me

with the crime(s) of Operating While Intoxicated, First Offense in violation of

Section(s) 321J.2(1)(a), (b), or (c) and 321J.2(2) of the 2013 C ode o f Iowa.

E-FILED 2013 JUL 02 9:56 AM SAC - CLERK OF DISTRICT COURT



6. With regard to the name by which I am charged in the indictment/trial

information (either check a or check and com plete b ):

(X ) a. The name shown on the indictment / trial information is my true name.

I have been advised and understand that I am now precluded from objecting to

the indictment / trial information upon the ground I am im properly nam ed.

) b. The name shown on the indictment / trial information is not my true

name. My true name is I request that an entry be made in the

minutes showing my true name. I have been advised and understand further

proceedings will be had against me by that name, the indictment / trial

information will be amended accordingly, and when the indictment / trial

information is so am ended I w ill be precluded from objecting upon the ground

I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty, or

former con viction or acquittal.

8. For the purpose of this arraignment, I have had sufficient time to discuss my

case with the above named attorney, and I waive any further time in which to

enter a plea.

9. I plead NOT GUILTY to the charge s) of Operating While Intoxicated, First

Offense.

10. I have been advised and understand that I have a right under rule 2.33(2)(b) of

the Iowa Rules of Criminal Procedure to a trial within ninety 90) days after

indictmen t / filing of the trial information and (check either a or b ):

( x ) a. I deman d a speedy trial pursuant to rule 2.33 (2)(b).




) b. I waive my right to a speedy trial pursuant to rule 2.33 2) b).

11. I request that a trial date be promptly set pursuant to rule 2.9 of the Iowa

Rules of Criminal Procedure. My attorney and I will be available for trial on

the following days:

At the discretion of the Co urt.

STATE OF IOWA

SS.COUNTY OF POTTAWATTAMIE

Subscribed, sworn to, and acknowledged before me by the above-named

Defendant on the 2 n d day of

4W f1 0

+̀ .0g 1 . 5 4

• • • 1.e. § r F A

-

A . 1 3 \

seAlF . 00

•• • • NA 3./•

° t ......... e

1 ,u/ON NOtt — s N

CERTIFICATE OF SERVICE

The undersigned s;ertifies that the foregoing instrument was served upon all parties to the above cause to each

of the attorneys of record herein at their respective addresses disclosed on the pleadings on the S k ' day of

17SU \ I , 2013 by: .S. Mail; _Han' l elivered; ertified Mail; ax; vernightCourier; .01ter: tr efti or

o r re Signature

•• • • • • • • • • • ••••• .............




2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. ELIZABETH DIANE SCHARTON ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onJuly 2, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Mandy L. Whiddon.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on August 28, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 13,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYMANDY L. WHIDDON

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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 SEP 10 12:14 PM SAC - CLERK OF DISTRICT COURT



2RCR20


STATE OF IOWA,

PLAINTIFF,

VS.

ELIZABETH DIANE SCHARTON ,

DEFENDANT.


O R D E R

The Defendant has filed a motion to continue the previously-established trial date.

That motion is not resisted.

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

1. The motion to continue is granted.

2. The jury trial of this case is rescheduled to October 2, 2013, at 9:00 a.m.

CLERK TO FURNISH COPIES:

DISTRICT COURT ADMINISTRATOR

COUNTY ATTORNEY

MANDY L. WHIDDON

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Type: OTHER ORDER

So Ordered


2 of 2




E-FILED 2013 OCT 02 9:13 AM SAC - CLERK OF DISTRICT COURT




THE STATE OF IOWA,

OWCR012300

Plaintiff,

v.

ELIA!ETH SCHARTON, ORDER CONTINUIN"

HEARIN"

D#f#n$ant.

COMES NOW the Court this 2nd

day of October, 2013, being fully apprised of the

preises, and continues the hearing to the !th

day of No"eber, 2013 at #$00 o%cloc&

a'' in the Sac County Courthouse'

Cler& to furnish copies to$

County (ttorney

Mandy WhiddonCourt (dinistration





Type: ORDER FOR CONTINUANCE



So Ordered






THE STATE OF IOWA,

OWCR012300

Plaintiff,

v.

ELIA!ETH SCHARTON, ORDER CONTINUIN"

HEARIN"

D#f#n$ant.

COMES NOW the Court this 5th

day of November, 2013, being fuy a!!rised of

the !remises, and "ontinues then #ria to the 1$#%

day of &e"ember, 2013 at '(00 o)"o"*

a+m+ in the Sa" County Courthouse+

E-FILED 2013 NOV 05 11:09 AM SAC - CLERK OF DISTRICT COURT




Type: ORDER FOR CONTINUANCE



So Ordered






STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. OWCR012300

APPLICATION FOR ORDER TOSHOW CAUSE

COMES NOW the State of Iowa, and, for its application for an order to show

cause, states:

1. On or about May 14, 2013, and again on July 2, 2013, Defendant was

ordered to undergo a substance abuse evaluation, and provide the results of that

evaluation to the court.

2. Defendant received notice of the aforementioned court orders.3. Defendant has not completed the substance abuse evaluation and return

it to the court as ordered.

4. Defendant should be ordered to appear before this court and show cause

why he / she should not be held in contempt and sanctioned for failing to comply

with the order to complete the substance abuse evaluation, and sanctioned

therefore.

WHEREFORE, the State prays that the matter be set for hearing, and that the

court issue an order for Defendant to appear and show cause why he / she

should not be held in contempt and sanctioned for failing to comply with the order

to complete the substance abuse evaluation, and for such other and further relief

as the court deems just and equitable in the premises.

_________________________Benjamin John SmithSac County Attorney

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2013 DEC 06 12:14 PM SAC - CLERK OF DISTRICT COURT




STATE OF IOWA,

Plaintiff,

v.


Defendant.

Cae N!. OWCR"#$%""

ORDER TO SHOW CAUSE

T&i 'atte( )a'e *ef!(e t&e )!+(t +!n t&e State- ali)ati!n f!( an !(de( f!(

Defendant t! aea( and &! )la+e &/ &e 0 &e &!+ld n!t *e &eld in

)!nte't, and an)ti!ned t&e(ef!(e, f!( failin1 t! )!'l/ it& t&e )!+(t !(de( t!

!*tain 0 )!'lete a +*tan)e a*+e eval+ati!n.

T&e C!+(t, +!n (eviein1 t&e (e)!(d and *ein1 advied in t&e (e'ie

FINDS and ORDERS t&at Defendant &all aea( and &! )a+e at t&e Sa)

C!+nt/ C!+(t&!+e, Sa) Cit/, I!a, at #"2"" a.'. !n De)e'*e( #3, $"#%.

Defendant i n!tified t&at if Defendant d!e n!t e(!nall/ aea( f!( t&i &!

)a+e &ea(in1, a a((ant/ &all i+e f!( &i 0 &e( a((et, and Defendant &all *e

+*4e)t t! f+(t&e( an)ti!n f!( failin1 t! aea(.





Type: OTHER ORDER



So Ordered






STATE OF IOWA,

Plaintiff,

v.


Defendant.

Case No. OWCR012300

STATE’S MOTION TO DISMISSSHOW CAUSE APPLICATION

COMES NOW the State of Iowa, and, for its motion to dismiss its show cause

application, states that on December 6, the State filed an application for a show

cause hearing alleging the Defendant willfully failed to obtain a substance abuse

evaluation as ordered by the Court. On December 11, 2013, Defendant filed her

substance abuse evaluation with the Court.

WHEREFORE, the State respectfully requests that the Court enter an order

dismissing the State’s application to show cause.

_________________________Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791Email: [email protected]





STATE OF IOWA,

Plaintiff,

v.


Defendant.

Cae N!. OWCR"#$%""

ORDER DIS&ISSIN' THE STATE(S APPLICATION TO SHOW CAUSE

T)i *atte+ a*e -ef!+e t)e C!+t !n t)e State( &!ti!n t! di*i t)e )!/

ae ati!n )e+ein initiated -0 t)e filin1 !f an a22liati!n t! )!/ ae !n

Dee*-e+ 3, $"#%. T)e C!+t, 2!n +evie/in1 t)e +e!+d and -ein1 advied in

t)e 2+e*ie, FINDS and ORDERS t)at t)e State( &!ti!n t! Di*i it

A22liati!n t! S)!/ Cae )all -e and i di*ied f!+ t)e +ea!n et f!+t) in

t)e State( &!ti!n.

E-FILED 2013 DEC 12 10:25 AM SAC - CLERK OF DISTRICT COURT




Type: OTHER ORDER



So Ordered






STATE OF IOWA, No. OWCR012300Plaintiff,

vs.

ELIZABETH DIANE SCHARTON, OWI – 1st OFFENSE

DOB: 10/16/1!2, JUDGMENT ENTRY

D"f"n#ant.COUNT I

BE IT REMEMBERED t$i% &att"' (a&" on fo' %"nt"n(in). T$" Stat" i% '"*'"%"nt"# + Sa(Co-nt Atto'n" B"na&in o$n S&it$, an# t$" D"f"n#ant i% '"*'"%"nt"# + Atto'n" at a an# .W$i##on. T$" Co-'t fin#% t$at D"f"n#ant $ain) fil"# a *l"a of )-ilt $"'"in, $i($ $a% +""n '"i""# + t$i% Co-'t, an# i% in(o'*o'at"# $"'"in + t$i% '"f"'"n(", 4no% of no l")al (a-%" $ -#)&"nt%$o-l# not no +" "nt"'"#, an# non" a**"a'% -*on t$" '"(o'#. T$" Co-'t, t$"'"fo'", a(("*t% t$"

D"f"n#ant5% *l"a of -ilt an# fin#% t$at t$" D"f"n#ant i% )-ilt of OPERATING WHILE

INTOXICATED, FIRST OFFENSE in iolation of Ioa Co#" S"(tion 321.2, a S"'io-%i%#"&"ano'.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, *-'%-ant toS"(tion% 321.2, an# 03.1, Co#" of Ioa, t$at t$" D"f"n#ant +" %"nt"n("# to:

1. T$" (onfin"&"nt in t$" Sa( Co-nt ail fo' a *"'io# of t$i't78309 #a%, all ti&" %-%*"n#"# aft"'D"f"n#ant $a% %"'"# to 829 #a% in t$" Sa( Co-nt ail, it$ ('"#it fo' an ti&" al'"a# %"'"#.

a. D"f"n#ant %$all al%o +" a%%"%%"# t$" (o''"(tional f"" of ;;.00 *"' #a ($a')"# + t$" Sa( Co-ntS$"'iff5% Offi(". D"f"n#ant %$all %"'" %ai# %"nt"n(" it$in %i< 869 &ont$% of t$" #at" of t$i% o'#"'. Ift$" D"f"n#ant $a% not %"'"# t$" ail ti&" at t$" "n# of %i< 869 &ont$%, t$" Sa( Co-nt S$"'iff i%o'#"'"# at $i% (on"ni"n(", to *i(4 -* D"f"n#ant to %"'" %ai# ail ti&".

+. D"f"n#ant &a, at D"f"n#ant5% "<*"n%", (o&*l"t" a =!7$o-' Al(o$ol Int"'"ntion P'o)'a& in li"- of=! $o-'% of ail ti&". P'oof of (o&*l"tion &-%t +" *'oi#"# to t$" Cl"'4 of Co-'t an# Co-nt Atto'n"it$in %i< 869 &ont$% of to#a5% #at". In t$" ""nt t$" D"f"n#ant #o"% not att"n# t$" =!7$o-' Al(o$ol

Int"'"ntion P'o)'a&, %$" %$all 8at $"' on "<*"n%"9 !"#$%t% & 1'()!*+ P+"% -!+ L-% !*+s% !+

s"$&+ #+!+&" /t)0 s 234 "!0t)s !- t)s 5&t%.

2. D"f"n#ant i% *la("# on *'o+ation to t$" Sa( Co-nt P'o+ation Offi("' fo' a *"'io# of on" "a', an##-'in) %-($ *'o+ation *"'io# D"f"n#ant %$all a+i#" + all t$" t"'&% an# (on#ition% of t$" *'o+ation a%%"t fo't$ on t$" P'o+ation A)'""&"nt. D"f"n#ant i% O'#"'"# to %i)n a P'o+ation A)'""&"nt it$in >2$o-'% of t$i% -#)&"nt, it$ t$" Sa( Co-nt P'o+ation Offi("' at t$" Sa( Co-nt Co-'t$o-%", 100 NWStat" St'""t, 2n# Floo', S-it" , Sa( Cit, Ioa.

a. D"f"n#ant %$all o+" all Stat", F"#"'al an# lo(al la% an# o'#inan("%.

+. D"f"n#ant i% O'#"'"# to '"*o't an n" a''"%t% to t$" Sa( Co-nt P'o+ation Offi("' it$in %""n#a% of t$" a''"%t #at".

(. D"f"n#ant %$all ti&"l *a all a&o-nt% o'#"'"# + t$i% -#)&"nt.

3. D"f"n#ant i% O'#"'"# to *a a fin" of 61,'78.88 an# a 3;? %-'($a')" in t$" a&o-nt of 69:;.78, *l-%




t$" 618.88 DARE %-'($a')" *-'%-ant to Ioa Co#" S"(tion 11.2.If D"f"n#ant %$o% *'oof of $ain) o+tain"# a o'4 *"'&it, t$" fin" ill +" '"#-("# to 62;.00

an# t$" 3;? %-'($a')" ill +" '"#-("# a((o'#in)l, to 21!.>;.

=. T$" D"f"n#ant %$all (o&*l it$ all '"(o&&"n#ation% %"t fo't$ in t$" al(o$ol "al-ation #at"#

N!v%"<%+ 19, '81: f'o& B&+t%$s C!*0s%$0 S%+v%s, I0.

a. D"f"n#ant %$all a+i#" + all '"(o&&"n#ation% of t$" "al-ation in(l-#in) in*ati"nt o' ot$"'t'"at&"nt if '"(o&&"n#"#. If t'"at&"nt i% '"(o&&"n#"#, D"f"n#ant %$all "n'oll in t$" fi'%t aaila+l"'"(o&&"n#"# t'"at&"nt )'o-* an# ti&"l (o&*l"t" t$" t'"at&"nt. T$" %-+%tan(" a+-%" a)"n( %$allnotif t$" Sa( Co-nt P'o+ation Offi("' of an non7(o&*lian(".

+. D"f"n#ant i% O'#"'"# to *'oi#" *'oof of (o&*lian(" it$ t$" '"(o&&"n#ation% of t$" S-+%tan("A+-%" Eal-ation, to t$" Sa( Co-nt P'o+ation Offi("', on a &ont$l +a%i% -ntil %-($ ti&" a% t$"'"(o&&"n#"# t'"at&"nt %$all +" (o&*l"t"#.

;. D"f"n#ant %$all *a (o-'t (o%t% in t$" a&o-nt of 6188.88= to +" *ai# a% o'#"'"# + t$" Co-'t.

6. D"f"n#ant %$all 4""* t$" Cl"'4 of Co-'t an# Sa( Co-nt P'o+ation notifi"# a% to an ($an)" in

a##'"%% -ntil all o+li)ation% of t$i% (a%" $a" +""n (o&*l"t"#.

>. If t$" D"f"n#ant5% li("n%" $a% not al'"a# +""n '"o4"#, fo' t$i% off"n%", t$" D"*a't&"nt ofT'an%*o'tation %$all '"o4" D"f"n#ant5% li("n%" *-'%-ant to Ioa Co#" C$a*t"' 321.

!. IT IS FURTHER ORDERED t$at D"f"n#ant %$all *a all a&o-nt% o'#"'"# + t$i% -#)&"nt +

*ain) 6188.88 #%+ "!0t) to t$" S& C!*0t> C$%+? !- C!*+t it$ *a&"nt% to +")in on t$" 17t)

#a

of t$" &ont$ folloin) t$i% o'#"' an# %$all (ontin-" on t$" 17t) #a of "a($ &ont$ -ntil *ai# in f-ll.

HOWE@ER IF THE ABO@E PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN '9 MONTHS OF THE DATE OF THIS

JUDGMENT, THE BALANCE IS DUE AT THAT TIME. D%-%05&0t s &5vs%5 t)&t - !0%

#&>"%0t s "ss%5, t)% %0t+% !<$&t!0 <%!"%s ""%5&t%$> 5*%.

D"f"n#ant $ain) a**"a'"# an# %"nt"n(" +"in) *'ono-n("#, IT IS FURTHER ORDERED

t$at an +alan(" of a**"a'an(" +on# i% '"l"a%"# aft"' a**li(ation to fin", %-'($a')", (o-'t (o%t%,atto'n" f""%, an# '"%tit-tion.

D"f"n#ant i% a#i%"# of t$" 'i)$t to a**"al t$i% -#)&"nt an# %"nt"n(" an# of t$" 'i)$t to a**lfo' a**oint&"nt of a**"llat" (o-n%"l an# t$" f-'ni%$in) of a t'an%('i*t if -na+l" to *a t$" a**"al (o%t%.D"f"n#ant i% al%o a#i%"# of t$" n"("%%it to (o&*l it$ t$" %tat-to' '"@-i'"&"nt% in filin) a noti("of a**"al. Noti(" of A**"al &-%t +" fil"# it$in 30 #a% of t$i% -#)&"nt. D"f"n#ant5% a**"al +on#i% fi<"# in t$" %-& of 2,6;0.00.

O'i)inal "7fil"#, Co* to: Co-nt Atto'n"

D"f"n#ant/D"f"n%" Atto'n"7 an# . W$i##on

DOT

S-+%tan(" A+-%" A)"n(

Sa( Co-nt S$"'iff





Type: ORDER FOR JUDGMENT



So Ordered



Sioux Falls Woman Pleads Guilty to OWI 1st Offense

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