8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
1/34
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
2/34
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
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
3/34
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
E-FILED 2014 DEC 22 8:13 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
4/34
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)
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
5/34
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
2291193
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
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
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
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
29TH d a y of D E C E M B E R ,2 014 , a t 8:30 AM
(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 .
o
C / l
—<
t o o
0 = _
r o
r o
I u n d e r s t a n d
I
h a v e t h e r i g h t t o
be
r e p r e s e n t e d
by an
a t to r n e y .
I f
i
c a n n o t
a f f o r d
o n e , o n e w i l l
be
a p p o i n t e d f o r
me u p o n a p p l i c a t i o n .
I u n d e r s t a n d t h e r e a r e s e v e r e p e n a l t i e s f o r
f a i l i n g
t o h o n o r t h i s
agre,oment.
x
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
b y :
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
o t h e r
a m o u n t s o w e d may be p a i d
t h e r e fr o m
u p o n
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 .
JtL
e c e i v e d by:
Signatu/eof Person
Posting
o n d
Surety)
er
C l e r k o f
Court/Designee
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
7/34
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
E-FILED 2014 DEC 23 11:12 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
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
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
9/34
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
E-FILED 2015 JAN 20 3:19 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
10/34
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]
E-FILED 2015 JAN 20 3:20 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
11/34
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
E-FILED 2015 JAN 20 3:20 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
12/34
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012721 STATE OF IOWA VS FARLEY, BRITTINI M
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 2015-01-20 15:20:23 page 3 of 3
E-FILED 2015 JAN 20 3:20 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
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
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
14/34
2RCR15
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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
1 of 2
E-FILED 2015 JAN 28 2:09 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
15/34
State of Iowa Courts
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
E-FILED 2015 JAN 28 2:09 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
16/34
E-FILED 2015 JAN 29 10:22 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
17/34
E-FILED 2015 JAN 29 10:22 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
18/34
E-FILED 2015 JAN 29 10:22 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
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.
1 of 3
E-FILED 2015 JAN 29 11:26 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
20/34
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.
Clerk to provide copies to:County Attorney, Defense Attorney or Defendant
2 of 3
E-FILED 2015 JAN 29 11:26 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
21/34
State of Iowa Courts
Case Number Case TitleOWCR012721 STATE OF IOWA VS FARLEY, BRITTINI MType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2015-01-29 11:25:50
3 of 3
E-FILED 2015 JAN 29 11:26 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
22/34
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
23/34
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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.
1 of 2
E-FILED 2015 MAR 16 1:29 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
24/34
State of Iowa Courts
Case Number Case TitleOWCR012721 STATE OF IOWA VS FARLEY, BRITTINI MType: OTHER ORDER
So Ordered
Electronically signed on 2015-03-16 13:29:11
2 of 2
E-FILED 2015 MAR 16 1:29 PM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
25/34
E-FILED 2015 MAR 23 11:52 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
26/34
E-FILED 2015 MAR 23 11:52 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
27/34
E-FILED 2015 MAR 23 11:52 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
28/34
E-FILED 2015 MAR 23 11:52 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
29/34
1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
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$ati&n)891: a fine in t%e )*+ &f ;1,
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
30/34
2
&eve#, )in(e n& "e#)&nal "#&"e#t in7*# #e)*lted f#&+Defendant) a(ti&n), ;
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
31/34
3
P#&2ati&n S*"e#vi) i+"&)e), t%e C&*#t )"e(ifi(all i+"&)e) all &ft%e f&ll&in$ 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
E-FILED 2015 MAR 24 10:34 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
32/34
4
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.
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
33/34
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012721 STATE OF IOWA VS FARLEY, BRITTINI M
So Ordered
Electronically signed on 2015-03-24 10:34:55 page 5 of 5
E-FILED 2015 MAR 24 10:34 AM SAC - CLERK OF DISTRICT COURT
8/9/2019 OWCR012721 - North Sioux City woman pleads guilty to OWI 1st Offense.pdf
34/34
E-FILED 2015 MAR 26 12:08 PM SAC - CLERK OF DISTRICT COURT