E-FILED 2015 AUG 01 8:11 AM SAC - CLERK OF DISTRICT COURT

Item #: 2-15-001346

Comp\aint

STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)

S T A T E O F IOWA
Vs.
Downs, Nickolas J o h n

C r i m i n a l C a s e No.
Defendant

Complaint

A d d r e s s 111 S t u a r t S t .
W a l l L a k e , lA 5 1 4 6 6
Date of Birth 0 1 / 2 7 / 1 9 8 2

Serious Misdemeanor

The defendant is accused of the crime of Operating While Intoxicated 1' Offense in violation of (Section 321J.2 of the
Code of Iowa) or Ordinance No.

of the City of

, in that the defendant on the 0 1 day of August, 2015, at the

100 block North 11'^ Street; S a c City, lA 50583 in S a c County, did :

Operate a motor vehicle while intoxicated.

(State acts or omissions constituting offense)

Dated

Complainant
Statutory Reference 804.1 Code of Iowa
S T A T E O F 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 Nickolas John Downs the defendant committed the crime charged.
On Saturday August 1**, 2015 at approximately 01:55 hours I stopped a green Nissan Altima bearing Iowa registration
plate CZN395 for the traffic infraction of speed. I checked this vehicles speed at 36 MPH in 25 MPH zone. T h e driver of
the vehicle w a s identified a s Nickolas Downs by Iowa drivers license. Talking to Downs I could smell a moderate odor of
an alcoholic beverage coming from his person. I observed Downs eyes to be bloodshot and watery. Field sobriety test
horizontal gaze nystagmus was performed on Downs and he failed this test. Downs admitted to this officer that he
consumed alcohol and smoked marijuana prior to being stopped. Downs admitted to this officer that he shouldn't have
been driving. A search of the vehicle I found spilt alcohol on the front seat passenger floor. On the back seat passenger
floor w a s a six pack of Bud Light beer with two full bottles left in the pack. At approximately 02:50 hours Downs w a s read
the Implied Consent Advisory and a request for specimen of his breath w a s requested. Downs refused and said "fuck off
and refused to sign also.

My COMMISSION E
mv

...^^.o.^.^,

in the State of Iowa

MARCH 21.20.,__

Complaint and affidavit tiled and probable cause found that the defendant committed the offense charged.

Magistrate

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

No. OWCR012899

STATEOF IOWA,
Plaintiff,
vs.
NICKOLAS JOHN DOWNS
DOB: 0112711982,
Defendant.

Count IOWI lst OFFENSE

GUILTY PLEA
COUNT I

l, the undersignedDefendant,have carefullyread and fully understandthe following:

I am chargedwith OPERATING A MOTOR VEHICLE WHILE INTOXICATED' FIRST
OFFENSE, in violation of lowa Code Section 321J.2,a SeriousMisdemeanor,and I hereby
requestthat my plea of guilty to the chargebe enteredof record.
The maximum punishmentfor a SeriousMisdemeanoris imprisonmentof not more than
A.
one year in jail and a mandatory fine of not more than $1,250.00,plus statutory surcharges,plus
court costs and all costs and fees incurred for legal assistancewhich is immediatelydue on the
date of sentencing,unless a paynent plan is approved by the court within thnty days of the
Judgmententry date. Irealtze that, if there was no personalor property injury, and I presentto
the Court a temporary restricted'.license,the Court may waive up to $625 of the fine and the
relatedstatutory surcharge. I acknowledgethat, the Court may order me to perform community
servicework, if the Court is of the oprnionthat commurutyservicework will deter and discourage
others from similar criminal activity. The community servicemust be done for a goverrunentalor
non-profit agency. (The rate at which conmunity serviceshall be calculatedagainstmy fine shall
be the federal rmnimurn wage.) In addition, I may be required to pay correctional fees for
incarcerationand enrollment fees for probation. I am aware that sentencingoptions may include
deferral of Judgment and Sentence,the grant of probation and the suspensionof the sentence
irnposed.
. There is a minirnum penalty of imprisorunentin jail for 48 hours, which must be irnposed
unlessI arn eligible for a deferredjudgment, or deferredsentence.
. The Court must order me to attend a coursefor drinking drivers.
. The Court must order me to undergo a substanceabuse evaluation and to follow the
recommendations.
r The Court may order me to participatein a reality education substanceabuseprevention
program.
o The Court may order restitution to any victim of rny offense. In addition, the Court may
order restitution up to $500 each to any public agency (flre-fightrng, law enforcement,
ambulance,medical or any other emergencyservices),which responded as a result of my
violation.
r Unless the Department of Transportation has already revoked my license or driving
privileges, I understandmy license or driving privileges will be revoked a minimum of 180
days.

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

r I understandthat there can be no deferral ofjudgment or sentenceor suspensionof'any

mandatory minimum sentence of incarceration and no suspension of any other part of my
sentencenot involving incarceration if:
o
I t e s t e do v e r . l 5 o % ; o r
r
I refusedan implied consenttest; or
o
I have been convicted of OWI or received a deferredjudgment or sentencefor
OWI in lowa or any other state;or
.
If anotherpersonwas injured by this OWI offense.
o I understandthat there can be no reduction ofmy fine and the related statutory surcharge
unless:
o
and

The Court finds that there has been no personalinjury as a result of my actions,
The Court furds that there has been no property damageas a result of my actions,

and
o
I presenta temporary restrictedlicensewithur the time ordered by the Court.
. I understandI must complete a substanceabuseevaluationat my own expensebefore I
can be sentenced.I will provide the evaluationto the Court before I am sentenced.
B. I understandthat a criminal conviction, defenedjudgment or deferred sentencemay affect
my statusunder federalimmigration laws.
C. If I plead not guilty, I wguld be entitled to the following rights. I give up theserights by
pleadingguilty:
( I ). The rtght to a speedyand public trial by a jury of twelve people'
if the Court found I was unableto
iZ). fn. rlgnt to have an attorney representme at trial and,
afford an attorney,the Court would, at public expense,appoint an attorney to representme.
(3). At trial, I would be presumedinnocentuntil such time, if ever, the State establishedrny
guilt beyond a teasonabledoubt.
(4). At trial, a jury verdict of guilty would have to be unanimous'
that is, I cannot be forced to
iSl. At trial, I would have the privilege agarnstself-rncrirnination,
testify, and if I choose not to testify, the State may not comment on the fact of my failure to
jury could
testifr and, at my request, I would be entitled to a jury instruction stating that the
not infer guilt from my failure to testif,.
(6). At trial, the State would have to confront me with witnessesupon whose testrmonyit
relied to obtain conviction, and I would have the right to cross examinethose witnesses.
(7). At trial, I would be entitled to present witnesses to testi$r on my behalf and to
compulsoryprocessto securethosewitnesses.
my
D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive
jury'
guilty
by
a
right to trial, and will be treated as if I had beentried and found
make
E. The Court, in detenniningwhether there is a factual basisfor this plea of guilty, may
the
Trial
to
such a determination by examining the Minutes of Testimony attached
Information, by reviewing the investigative reports of law enforcement agents who have

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

nrvestigatedthe offense,or by asking me or counselto recite and summarizethe material

factsthat would be offeredat trial.

The Court hasthe discretionto acceptor reject any plea agreementmade betweenthe State
and myself. The Plea agreementis: I will plead guilty to Count I: Operating a Motor
which will be
1"O
f12
aI

Driv
fo

35

w
w
hour
ofo

Alcoh
on
mtheJ
of

a
be
which

not

end

ment. lf
will
follow t
25.
the Co
ed to
lic
for the
will

to com
a fine

10.
the
fo

drivr
stand
1V1

bstance
the
ffense
the

2 hour
usa
nd cou
fine will
valuatio

eriod.
tion
Il of
lSI111SSA
nt
ron
ismrssal
24088
the co
to the defendant'
SMCR012900.with court costsassessed
will
be responsibleto pay court costs, payrnentof all
I
that
includes
plea
agreement
This
jail
costs and fees incurred for legal assistance,victim restitution, correction (iail) fee for any
time and all surchargesand mandatorypunishments(seeparagraphB) applicableto my case.
F. I now state to the Court that I am, in fact GUILTY and that no threats or promiseshave
beenmade to induce me to enter my plea of guilty. I have been informed that the elements
of the crime are: I operated a motor vehicle (1) while under the influence of an
(2) while
alcoholic beverage or other drug or a combination of such substances;or
having an alcohol concentration of .08 or more; or (3) while any amount of a
controlled substanceis present in my person as measured in my blood or urine' I
understand the nature of the charge against me.
This offensewas committed by me in sac county lowa by my doing the following: I did
while
wlr
t l

I herebystatethat I submitthis writtenpleaof guiltywith full knowledgeandwaiverof my rights

and I do so freely and voluntarily. No threatshavebeenmadeagainstme to obtain this guilty
plea. No promisesof leniencyor favorabletreatmenthave been made, exceptfor any plea
to the Court at the timeof this guiltyplea'
disclosed
agreement
G. lf the Courtacceptsmy pleaof guilty,I realize:
(1). The Court will set a sentencingdate not less than fifteendays after the date of its
of this guilty pleaunlessI waivethis right. ln orderto contestthispleaof guilty,I
acceptance
,,'uri fi1. a Motion in Ariest of Judgmentat leastfive daysprior to sentencing.The right to

E-FILED 2015 NOV 23 11:45 AM SAC - CLERK OF DISTRICT COURT

file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2). If the Court imposesa sentencetoday, I will never be able to challengethis plea of guilty,
and I will be giving up my right to directly appealmy guilty plea.
I ask the Court to accept this plea of guilty. I waive the precedingrights and my right to have
the Courl addressme personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court acceptsrny plea of guilty, I wish to be sentencednow. I understandthat:
l. In order to contest this plea of guilty, I rrust file a Motion in Arrest of Judgmentno later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncementof
judgment, and that the Court will set a sentencingdate not lessthan fifteen days after the
date of its acceptanceof this guilty plea unless I waive this right, and the right to file a
Motion in Arrest of Judgmentwili be waivedby havingthe Court imposea sentencenow.
2. By havingthe Courl imposemy sentencenow, I will neverbe ableto challengethis plea of
guilty and I will be giving up my right to directly appealmy guilty plea.
I herebyrequestthe Court sentenceme now and I waive any tirne to which I may be entitled
fbr sentcncingat a later date.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advisedthat I have a constitutionalright to be present at my sentencing
and presenteviclencein my own behalf. I understandthat it is n'rychoice to be presentor not, and
that no one can exciudeme from sentencing.
With the above in mind, and further understirndrngthat rny decisionwhether to be present
or not is my own decision,I hereby knowingly and voluntarily waive the right to be presentat my
sentencing.

Attomeyfor
STATEOF IOWA
SAC COUNTY

on thisA2

dayof

State,personallyappeared

identicalpersonnamedin arid wh<idxecuted

sameofhis voluntaryact and deed

a NotaryPublicin and for said

me the undersigned,

E-FILED 2016 JAN 11 9:27 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff / Petitioner,
vs.

02811 OWCR012899
ORDER OF CONTINUANCE

NICKOLAS JOHN DOWNS ,

Defendant / Respondent.

Defendant needs to obtain and file a substance abuse evaluation prior to sentencing.
Upon application of the Defendant and for good cause:
This matter is continued, Sentencing Hearing is scheduled on 01/20/2016 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney

1 of 2

E-FILED 2016 JAN 11 9:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012899
Type:

Case Title
STATE VS NICKOLAS JOHN DOWNS
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2016-01-11 09:27:25

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E-FILED 2016 JAN 20 1:20 PM SAC - CLERK OF DISTRICT COURT

2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 OWCR012899
PLAINTIFF,
VS.
NICKOLAS JOHN DOWNS ,

ORDER

DEFENDANT.
The Defendant failed to appear for the sentencing hearing scheduled for January
20, 2016. A warrant should now issue for the Defendant's arrest to secure appearance
for those proceedings.

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

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.
Bond on that warrant shall be $1,000.00 cash only.
2. When the Defendant has been arrested and is available for the sentencing
proceedings, the State shall so notify the Court. The sentencing hearing will then be
rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH
CHARLES A SCHULTE
SAC COUNTY SHERIFF
1 of 2

E-FILED 2016 JAN 20 1:20 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012899
Type:

Case Title
STATE VS NICKOLAS JOHN DOWNS
ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered

Electronically signed on 2016-01-20 13:19:57

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