Sac City Man Pleads Guilty to OWI 1st Offense

Complaint Item #: 14-0031STATE OF IOWA, COUNTY OF SAC

STATE OF IOWAVs.

Herbert Richard Mahler

Before (Judge, Magistrate) _

Criminal Case No. _Defendant

Address 406 South 9th Street Complaint

Sac City, Iowa 50583

Date of Birth 08/29/1954 Serious Misdemeanor

The defendant is accused of the crime of Operating While Intoxicated (1st Offense) in violation of (Section 321 J.2 of the

Code of Iowa) or Ordinance No. __ of the City of __ , in that the defendant on the ~ day of April, 2014, at the

Intersection of io" & Main Street, Sac City, Iowa in Sac County, did:

defendant operate a motor vehicle while intoxicated.

(State acts or omissions constituting offense) Dated 5 J ~o,t..J

Complainant

Statutory Reference 804.1 Code of Iowa

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 Herbert Richard Mahler the defendant committed the crime charged.,On Saturday, April 05, 2014 at approximately 1900 hours, I arrived on the scene of an accident at 10th & Main Street in Sac City. Whilespeaking wifh the driver of the vehicle at fault, I could smell an odor of an intoxicating beverage coming off his person and his eyeswere red .and watery. I asked if he had consumed any alcoholic beverages and he stated that he had. He admitted to operating thevehicle that rear-ended the other causing the accident. After unsuccessfully completing a series of standard field sobriety tests, I askedMahler to consent to a preliminary breath test. He did and the result was above that legally allowed by the State of Iowa when operatinga motor vehicle. I placed him under arrest and transported him to the Sac County Law Enforcement Center where I read him the IowaImplied Consent Advisory and asked for a sample of his breath. He consented and the result of the test was 0.108 BAC. Mahler wascharged with Operating While Intoxicated (1st Offense) and jailed. '-__ 11- <6 ".JL-)

I Signature

Subscribed and sworn to before me by the saidthe ..5'" day of o.pe~R ,20d.

Complaint and affidavit fi!e,~ and probable cause found that the defendant committed the offense charged.

MARILYN MAHLERCommission Number 749272

My Commission ExpjresOctober 4. 20LU>

Magistrate

E-FILED 2014 APR 05 8:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 07 10:37 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.OWCR012529

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

HERBERT RICHARD MAHLER )

)

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 11 11:09 AM SAC - CLERK OF DISTRICT COURT

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012529 Plaintiff, vs. TRIAL INFORMATION

HERBERT RICHARD MAHLER,DOB: 08/29/1954 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, Herbert Richard

Mahler 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, Herbert Richard Mahler, on or about April 5, 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 AttorneySac 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]

2

THE STATE OF IOWA vs. HERBERT RICHARD MAHLERCriminal No. OWCR012529COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT

BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT

PHYLLIS RICHARDSON, RETIRED

TWYLA KING, RETIRED

JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMINALISTICS LABORATORY


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012529 STATE VS HERBERT RICHARD MAHLER

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

Electronically signed on 2014-04-28 16:18:23 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs HERBERT R MAHLER , Defendant.

Case No: 02811 OWCR012529 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 Hearing isscheduled on 05/07/2014 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 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 shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. HERBERT R MAHLER , Defendant.

Case No: 02811 OWCR012529

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSEDefendant appears by attorney Charles Schulte. Defendant's release is subject to the terms set forthbelow. He must obtain the substance abuse evaluation and provide it to the court within 30 days. 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 $1,250 or more than $1,875 plus 35%25 surcharge andcourt costs. You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days. 1 of 4

E-FILED 2014 MAY 05 10:48 AM SAC - CLERK OF DISTRICT COURT

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 ARRESTWARRANT 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 at : AM at the . 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 ANDFINGERPRINTED. 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 2 of 4


Sac County Sheriff

3 of 4


State of Iowa CourtsCase Number Case TitleOWCR012529 STATE VS HERBERT RICHARD MAHLERType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-05-05 10:48:55

4 of 4


IN THE IOWA DISRICT COURT FOR SAC COUNTY

STATE OF IOWA. CRIMINAL NO OWCRO12529

WRITTEN ARRAIGNMENl"

PLEA OF NOT GTjILTYHERBERT RICHARD MAHLER

DefendantDate I'rial lnformation filed: 04/28/14

COMES NOW the De1-endant in tl.re above-captioned criminal case and undcr oath states:

l. I am represcnted by Attorney Charles A. Schulte. whose address and phone number are

421 Main St. . Po Box 392. Sac City, IA. 50583; (712) 662-4715.

2. My cuner.rt mailing and residence address and phone number are'106 S. 9'l'St . Sac

City. IA 50583. My phone number is: 712-662-7321. My datc olbir th is 08-29-1954. I

can read and understand the English language and have completed the fbllor'ving levcl of

education: 12 Years.

4. I have becn advised by my attorncy and understand that I have a right to anaignment

in open Court, and I voluntarily rvaive that right. choosing instead to sign this Written

Arraignn.rcnt and Plea ofNot Guilty. I understand that times for lurther procccdings

which are computed liom the date of anaignment ivill be computed from the date of

liling this Written Arraignmcnt and Plea of Not Guilty.

5. I have received a copy of the'frial Infbrmation which charges me rvith the crime of

COUNT I : OPERATING WHILE INTOXICATED IS' OFFENSE iN ViOIAt iON Of

Iowa Code Scct ion 321J.2.

6. With regard to the name by rvhich I am charged in thc Trial Information (eithcr check

"a" or check and completc "b"):

\ . /1),(a. The namc on the Trial Infbrmation is my true name. I have been advised

and unlerstltrd thar I am nou precluded from objecting to the Trial Information upon the

ground that I am improperly namcd.

( )b. The name shown on the'frial Information is not my true name. My true

name is. I request that an entry be made in the n.rinutes showing my true name. I have

been advised and understand fi.rrthcr proceedings will be had against me by that name,

thc Trial lnlbrmation will be amended accordingly, and when the Trial Intbrmation is so

anrended. I will bc precludcd from objecling upon the grounds I am impropcrly named

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

conviction or acquittal.


8. For the purpose ofthis arraignment. I have had sufficient time to discuss my case with

my attorney. and I waive any turther time in r'vhich to enter a plca.

9. I plead NOT GUILTY to the charges in paragraph 5 above.

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

lov,o Rules of (.'riminul Procedure lo a trial within r.rinety days/onc ycar after the filing of

the t'rial Information and (check either "a" or "b"):

1 l. I requcsl that a trialProcedure. My attorneyTime.

ffi. t,t.rn"na speedl trial pursuant to Rule 2.33(2)(b) and (c).

( ) b. I waive my right to a speed-v trial pursr"rant to Rule 2.33(2)(b) and (c).

date be set pursuant to Rule 8.1 of the 1ol'n Rules o.l'Criminuland I ll 'ill be available for trial on the lb)lowing days: Any

Original to bc filed with Clerk of CourtCopy provided to:Countv Attorney

Attorney for De1'endant


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. HERBERT R MAHLER , Defendant.

Case No: 02811 OWCR012529 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on May 6, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 06/18/2014 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 THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 06/24/2014 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 theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

1 of 3


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


State of Iowa CourtsCase Number Case TitleOWCR012529 STATE VS HERBERT RICHARD MAHLERType: ORDER SETTING TRIAL

So Ordered


3 of 3



STATE OF IOWA, Plaintiff, v. HERBERT RICHARD MAHLER, Defendant.

Case No. OWCR012529

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On June 18, 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 through 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: (1) If Defendant pleads guilty to Count 1 and (2) pay all minimum fines, costs, and fees, the State agrees to (3) recommend that Defendant receive a deferred judgment, and (4) dismiss companion simple misdemeanor STA0020174.

Defendant intends to submit a written guilty plea by July 14, 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: [email protected]

E-FILED 2014 JUN 20 8:14 AM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. HERBERT R MAHLER , Defendant.

02811 OWCR012529

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 either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 07/16/2014 at9:30 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 arrestbeing issued.

1 of 2


State of Iowa CourtsCase Number Case TitleOWCR012529 STATE VS HERBERT RICHARD MAHLERType: OTHER ORDER

So Ordered


2 of 2



STATE OF IOWA,

vs,

Plaintiff

HERBERT R]CHAR-D N,I AHLER.DOB: 08/29ll9s;l

Delendant

COUNT I

l, the undersigned Defendant. have carefully read and fully understand the follorving:

I am charged rvith OPERATING A I\,|OI'OR \..EHICLE WHILE INTOXICA'IED _ lS.I.OFFENSE, in violation of lorva clode Section 3211.2, a Serious Misder.neanor, and I herebyrequest that nry plea of guilty to the charge be entered of record.

A. The tnaximurr punislment for a Serious Misdemeanor is imprisomnent of not more than oneyear in jail and a mandatory fine ofnot more than $1,250.00, plus statutory surcharges, pluscoud costs and all costs and fees incured for legal assistance which is immediately due on thedate of sentencirg. I realize that, if there was no personal or property iljury, and I present tothe cou( a temporary restricted license. the court may rvaive up to $625 ofthe fine and therelated statutory surcharge. I acknowledge that, the Couft may order nte to perfonncommunity service work, if the Court is of the opilion that con'munity servioe u,ork wiil deterand discourage others from similar crirninal activity. The community service must be done lora goverrunental or non-profit agency, (The rate at which community service shall bccalculated against my fine shall be the lederal ninimum nage.) In addition, I may be requiredto pay correctional fees for incarceration and enrollment fees for probation. I am a$,are thatsentencrng options may include defemal ofJudgmenl and Sentence, the grant ofprobation andthe suspension of the sentence imposed.. There is a rninirnum penalty of imprisonment in jail lor 48 hours, rvhich r.nust be imposedunless I ant eligible for a deferrcd judgment, or deferred sentence.. The Courl must order me to attend a course for drinking drivers.o The Court must order me to undergo a substancc abuse evaluation and to lollorv therecommendations-o The Court may order me to participate in a reality education substance abuse preventronprogranl.o The court may order restitution to any victim of my oflense. ln addition, the court nayorder restitution up to $500 each to any public agency (fre-lighting, law enforcement,ambulance, medical or any other emergency services), rvhich responded as a result of myviolation.

No. OWCROl2529

GTIIL'I'Y PLEASERIOUS MISDEN,IEANOR - OWI


. Unless the Departmcnt of Transportation has already revoked my license or drivurgprivileges, I understand my license or driving privileges rvill be revoked a minimum of 180days.o I understand that there can be no deferal ofjudgment or sentence or suspension ofanymandatory minimum sentence of ilcarceration and no suspension of any otber paft of nrysentence not urvolving incarceration i1l

e I tested over . l5o%: or. I refused an implied consent test; or. I have been convicted of OWI or received a deler:red iudsment or sentence fbr

OWI ur Iowa or any other state: oro lf another person was injured by this OWI oflense .

. I understand that there can be no reduction ofmy lure and the related statutory surchargeunless:

. The Court finds that there has been no personal injury as a result ofmy actions,and

. The Court finds that tlrere has been no property damage as a result ofmy actions.and

o I present a temporary restricted licensc rvithir the tirne ordered by the Clourt.. I understand I must complete a substance abuse evaluation at my own expense before Ican be sentenced. I rvill provide thc evaluation to the Clourt before I am sentenced.

B. I understand that a crirninal conviction, deferred judgnrent or deferred sentence nuy affect mystatus under federal ir.nIligration laws.

C. lf I plead not guilty. I nould be entitled to the lbllowing rights. I give up these rights bypleadrng guilty:(1). The right to a speedy and public lrial by a jury oftrvelve people.(2). The right to have ar'r attorney represent me at trjal and, ilthe Court found I rvas unable toafford an attorney, the Courl rvould, at public expense, appolrt an attorne) to represent lr're.(3). At trial, I u'ould be presumed imrocent until such tir.ne, if ever, thc State established myguilt beyond a reasonable doubt.(4). At trial. a juryverdict of guilty would have to be unarumous.(5). At trial, I rvould have the privilege against self-incrirnination, that is, I cannot be forced totestily. and if I choose not to testif,,, the State nuy not conrment on the fact of rn1, failure totestiS and, at my request, I rvould be entitled to a jury irstruction stating that the jury couldnot inler guilt liom my lailure to testi!.(6). At trial, the State uould have to conliont me rvith witnesses upon whose testinrony itrelied to obtain conviction, and I would have the right to cross exarnile those witnesses.(7). At trial, I would be entitled to present witnesses to testi0/ on my behalf and tocompulsory process to secure those witnesses.

D. By pleading guilty, there rvill not be a trial of any kind. By pleading guilty. I waive my right totrial, and u,ill be treated as if I had been tried and found guilty by a jury.


E , The Court, in detenninhg rvhether there is a factual basis fbr this plea of guilty, may makesuch a determination by cxarnining the Minutes of Teslimonv attached to the Triallnfonnation, by revieu,ing the investigativc reports of larv enforcement agents who haveinvestigated thc offense, or by asking rne or counsel 1o rccite and suurrarizc the material I'actsthat rvould be offered at tria[.]'he Court has the discrction to accept or reject any plea agreement nlade between the Stateand myseli The plea agreement is: I will plead to Count I: ODerating a Motor VehicleWhile lntoxicated. l'r Offense. The Count), Attornev will recommend a Defened Judgment. Irvill follow the recor.mnendation of the Substance Abuse Evaluation. rvhich was no treatmentother than the 12 hour Prirne for Life course. I rvill be placed on infomal plqba1iqrtllQ l!!9Sac Countv Probation Officer for a period of one year from the Judgment date. I will pa)' aCivil Penaltlv to the Slate Court Administrator. through the Clerk of Court. in the ar.nount of

$1.250.00 and coud costs: to be paid as set out in the Probation Agreement. If I obtain a

12-hour Prin.re for Life coursc or similar prograrn within six (6) months of tl.ris date. Pursuantto the plea agreernent. the County Attome)' will reconmend dismissal of citation#STA0020174. I understand n-ry license or driving privileges will be

for this offense.This plea agrecment includes that I will be responsible to pay court costs, pay nent of all

costs and fees incurred for legal assistance, victim restitution, corection [ail) fee for any jail

tirne and all surcharges and nnndatory punishments (see paragraph B) applicable to rny case.

I now state to the Coun that I am, in fact GUILTY and that no lhreats or pron'lises have beenmade to induce rne to enter my plea of guilty. I have been in{bmed that the eler.nents of the

crime are: that I operated a motor vehicle (l) rrhile under the influence of an alcoholicbcverage or other drug or a combination of such substances; or (2) rvhilc having analcohol concentration of .08 or more; or (3) rvhilc anY amount of a controlled substanceis present in my person as measured in m-v blood or urine. I understand the nature ofthe charge against me.

This offense was comr.nitted by me rn Sac County Iorva by my doing the lol)owing: I did on

alcohol and was intoxicated at the time rvhen I rvas driving and did have a blood alcoholconcentrat ion of .108 (BAC).

I hereby state that I submit this rvritten plea of guilty u'ith full knowledge and waiver ofmy rightsand I do so lreely and voluntarily. No threats have been rrade against me to obtain this guiltyplea. No pron.ises of leniency or favorable treatment l.tave been n.tade, except lor any plca

agreenrent disclosed to the Court at the time ofthis guilty plea.

G. If the Courl accepts my plea of guilty, I realize:(l) The Court will sel a sentencing date not less than hlieen days after the date of itsacceptance of this guilty plea unless I rvaive this right. In order to contest this plea of guilty, Imust file a Motion il Arrest of Judgment at least five days prior to sentencing. The right to

F.


file a Motion in Arrest of Judgment rvill be rvaived by having the Court impose a sentencetoday.(2). lfthe Court imposes a sentcnce today, I will never be able to challenge this plea ofguilty.and I u,ill be giving up rny right to directly appeal my guilty plea.

I ask the Couft to accept this plea of guilty. I waive the preceding rights and Iny right to havethe Court address me personall,..

WAIVER OF MOI' ION IN ARREST OF JUDGNIENTlftlre Clourt accepts my plea of guilty. I u'ish to be sentenced now. I understand that:

L In order to contcst this plea of guilty, I rnust file a Motion jr Arrest of Judgment no laterthan 45 days afler a plea ol guilty and no laler than 5 days prior to pronouncenrent o1'judgrnent. and that the Court rvill set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I rvaive this right, and the right to file aMotion in Arrcst of Judgn.rent rvill be u,aived by having tlre Court impose a sentence now.

2. By having the Court impose r.lly sentence now, I will ne\er be able to challenge this plea ofguilty and I u,ill be giving up nry right to dileclly appeal rny guilty plea.

I hereby request the Court senlence me norv and I rvaive any time to rvhich I may be entitledfor sentencing at a latel datc.

WAIVER OF RIGHT TO BE PRESENTI have been fully adviscd that I have a constitutional right to be present at my sentenciilg

and present evidence in my orvn behall I understand that it is my choice to be present or not, andl l lat no one can exclude rrre l ronr senlencing.

With the above in rnind, and further understanding that nry decision rvhether to be presentor nor is rn) orrn decis ion. I he|eb1 knouurglv and roluntar i l l rvaire t l re r ig l r l to be presenl i l l nr \

STATE OF IOWA

SAC COLN.JTYSS

2014 bc lu r c n r c t hc undc r : . i gncd . a No t l r l Puh l i i i n a r rd l o r . a rd, .t- LYa h I Cy , io 1']'ie kno\4,r1 to be $e

idcntical person named in and \\,ho executed the foregoing instrument. and acknouledecd that he executed tl lcsaneorhi ' roruntanactanddccd

u^//-ubNotary Public in and for thc State oflowa

Charles Schulte, Defendant's Attomey

is^[&T.:,*"'mMy commisiion-irrecember g, 20



THE STATE OF IOWA.Plaintilf

Vs .

IIERtsERT RICHARD MAHLEI{l)ef'endant

owcR012529

NOTICE OF OBTAININGWORK PIIRMIT

COMES NOW the defendant b,v his Attorne-v-. Charles A. Schultc. and attacheshereto a copy of his Temporar,v I{estricted License (u'ork pcrmit).

Respcctfully submitted"

/s/ Charlcs A. SchulteSchulle Law Firm, [. C421 Main St. . P.O. Box 392Sac Ci11. IA 505U3(.712) 662-4715


Form 431009

vryw$nDOT5$ ' lA l i T tR | 5 l i l P l l q I ( i J5T0 r \ 1 f R DR IV [N

www,iowadot.qovn\-

Herbert Richard Mahler406 S gTH STsAc ctTY, rA 505832106

Effective O5-16 2A14 yau may present this notice at an lowa Driver's l icense station, pass requifed tests pay a $20reinstatement fee, lrcense fees AND be tssued a temporary restricted l icense

Your l iaense is Invalid After you have been issued a temporary restricted l icense, you must carry this notlce with you at allt imes while driving

RESTRICTIONSVALID TO DRIVE FROI\,I RES]DENCE TO AND FRO[,4 AND ]N IHE COURSE OF YOUR EI\4PLOYMENT WITH HOLSTE]N ELECTR C.206 Y/ 1ST ST. HOLSTEIN. IA VALID WHEN DRIVING FRO]\' RESIDENCE TO AND FRO[4 LOCAT ONS TO PERFORI,4 DUTIES NTHE COURSE OF YOUR SELF EMPLOYIUENT AS A ELECTRITION N,4UST BE ABLE TO VERIFY ALL DRIVING WITH CUSTOMERLOCATIONS AND PHONE NU|\i lBER NOT VALID FOR OTHER PURPOSES.

lgnition inter ock rs on f le for the following vehic es only:

YEAR 2005 lt4AKE Chevrolet VIN: 3'13146

Financtal responstbtl ty (SR22) ts on frle for owned and non-owned vehrcles (musl pfovide Insurance coverage informat onupon request)

you are required to show yo!r SR22 insurance information to the county treasurer when registeing or renew ng your motorvehicle(s) in lowa

your TRL rs effecttve through 1 0- 12-2014 Proof of completron ofdrinking dfivers school and prooi of comp etion of

eva uation and treatment and rehabil itation must be provided, f required, prior to reinstating to your full operating priv leges

lf a conviction for a moving trafi lc violation occurs dur ng your probation period your privilege to operate motor vehicles wi I

be suspended for an additional l ike period of t ime, not to exceed one year

lf your privilege to operate motor vehicles has been withdrawn in another jurisdiction, you may be requlred to provr.ie

clearance information from that Jurisdiction.

Drrector Off ce

Office of Driver ServicesPO Box 9204 | Des Moines, lA 50306-9204

Phone 515-244-9124 800-532-1121 | Fax: 515-239-1837https.//mymvd iowadot gov

Cust No. 931333DL No: 888227825Date 05-16-2014


U S A

406 S gTH STsAc ctTY. tA 50583

f \oL r" 888227825CN,ss os/16/2014 e\P q8f,2v2o19$ , .,c ' . r.rore -- i:, $.,r"?n u'r. .- 1 ii,, 6ru


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STATE OF IOWA, Plaintiff, v. HERBERT RICHARD MAHLER, Defendant.

OWCR012529

RECORD OF PLEA OF GUILTY AND DEFERRED JUDGMENT ORDER

CHARGE(S): Operating While Intoxicated, First Offense, a serious misdemeanor, in violation of Iowa Code § 321J.2

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be present for sentencing. Defendant asks that the plea to the above charge(s) be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. The Court hereby informs Defendant that Defendant’s plea of guilty to the above-referenced charge(s) is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is granted a deferred judgment pursuant to Iowa Code

Sections 901.5 and 907.3. 2. Defendant shall pay all of the following financial obligations: (a) Pursuant to Iowa Code Sections 321J.2(3)(c)(1) and 907.14,

Defendant shall pay a civil penalty of $1,250.00. However, due to the fact that no personal or property injury has resulted from Defendant’s actions, and the Defendant presents proof to the Court that Defendant has obtained a temporary restricted license issued pursuant to Iowa Code Section 321J.20 after the minimum period of ineligibility, the Court waives $625.00 of the civil penalty;

(b) restitution in an amount to be determined at a later time. The State shall file a statement of pecuniary damages within 30 days of today’s date, or no restitution shall be ordered. Upon filing of such a statement, the amount claimed in the statement shall be considered to be ordered to be paid unless Defendant objects to the claimed amount by filing an objection within 10 days of the filing of the statement. In that event, the Court shall issue an order establishing the restitution amount, with or without a hearing as the Court deems appropriate; and

(c) Defendant shall pay the court costs of these proceedings.

E-FILED 2014 JUN 26 12:55 PM SAC - CLERK OF DISTRICT COURT

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Defendant shall pay all financial obligations owed to the Clerk of Court of

this county or online at www.iowacourts.gov. All such financial obligations shall be paid pursuant to a payment plan to be developed by his probation supervisor.

3. Defendant is placed on probation under the following terms and

conditions:

a. Defendant is placed on probation to the Sac County Probation Officer (“the Probation Supervisor”) for a period of one (1) year from the date of filing of this Order;

b. Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems appropriate. In addition to any terms and conditions imposed by the Probation Supervisor, the Court specifically imposes all of the following additional terms and conditions: (1) Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to sign up for probation and sign any probation supervision agreement requested by the Probation Supervisor. Telephone contact is not sufficient;

(2) Defendant shall obey all laws; (3) Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant does not have a valid prescription. In addition, Defendant is prohibited from being at any location where alcohol or illegal drugs are present, regardless of whether Defendant is actually in possession of or consuming such alcohol or illegal drugs. This prohibition does not prohibit Defendant from being at a public location (e.g., restaurant) where alcohol is served, so long as the primary purpose of the establishment is not the serving of alcohol and Defendant is not consuming or in possession of alcohol at that location;

(4) Defendant has obtained a substance abuse evaluation.

Defendant shall follow any recommendations for treatment or counseling made as a result of the evaluation, all at Defendant's own expense;


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(5) Defendant shall enroll in and complete the Drinking Driver's School sponsored by the community college system. On or before the 60th day following the filing of this Order, Defendant shall file written proof with the Clerk of Court that Defendant has completed the Drinking Driver's School; and

(6) Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all required tasks in a timely manner.

4. The Court grants this deferred judgment because it provides for the rehabilitation of Defendant and for the protection of the community. The Court has considered the recommendation of the parties with respect to disposition. The terms of this Order are appropriate in light of the relevant facts, including Defendant's criminal record, or lack thereof, and/or the circumstances of the case. 5. Due to the fact that judgment has been deferred, appeal rights do not apply. 6. Defendant is advised that, in the event Defendant does not fulfill the conditions of probation, in addition to potential contempt of court sanctions, the Court may revoke Defendant’s probation and impose any sentence authorized by law. 7. Defendant's appearance bond, if any, is exonerated, except as otherwise provided in this Order. 8. IT IS FURTHER ORDERED that case Nos. STA0020174 are dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel Probation Supervisor Supreme Court Administrator Iowa Department of Transportation



Type: OTHER ORDER


So Ordered




Documents

Sac City Man Pleads Guilty to OWI 1st Offense