Sac City Man Convicted of OWI 1st Offense

Complaint Item #: 14-0032
STATE OF IOWA, COUNTY OF SAC

STATE OF IOWA
Vs.
Michael J ohn Groth
Before (J udge, Magistrate) _
Criminal Case No.
- - - - - - - - - - - - -
Defendant
Address 601 Morningside Drive Complaint
Sac City, Iowa 50583
Date of Birth 04-09-1992
Serious Misdemeanor
The defendant is accused of the crime of Operating While Intoxicated (1
st
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 11th day of April, 2014, at the
Intersection of Pierson & Main Street, Sac City, Iowa in Sac County, did:
operate a motor vehicle while intoxicated.
(State acts or omissions constituting offense) Dated
Complainant
Statutory Reference 804.1 Code of Iowa Address SCV b
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 Michael J ohn Groth the defendant committed the crime charged.
On Friday, April 11,2014 at approximately 22:05 hours I was parked at the Sac City Municipal Building at Park Avenue & Main Street
facing west when I observed a black Chevrolet Pickup bearing an Iowa Registration Plate 458TTI traveling east on Main Street. I
checked the vehicles speed at 59 mph in a 35 mph zone on the bridge near 3
rd
& Main Street. I made a traffic stop on the vehicle at
Pierson & Main Street and discovered Michael J ohn Groth. I could smell an odor of an intoxicating beverage coming off his person as
he spoke. His eyes were red and watery and he had difficulty conducting multiple tasks when asked. After unsuccessfully completing a
series of standard field sobriety tests, I asked him back to my patrol vehicle for a preliminary breath test. The results indicated a blood
alcohol content above that which is allowed in the State of Iowa when operating a motor vehicle. I placed Groth under arrest and
transported him to the Sac County law Enforcement Center where I read him the Iowa Implied Consent Advisory and requested a
sample of his breath. He consented and the result of the test was 0.142 BAC. Groth was charged with Operating While Intoxicated (1
st
Offense) and jailed.
Subscribed and sworn to before me by the said __ ---'5 ..... '-t-.:...."-=.::<-;..::e:....:'-\T-C~~~(;;_'_\.:::s'""o<..:.""'---'-----_;;__----, Complainant, on
the I ,"'''day of A'(',' \ , 20~. '
the State of Iowa
Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.
Magistrate
:!o.,"~l.I.c.._KAREN ELIZABETH KIME
~'~A -y. Commission Number 777584
*~* M Y COMMISSION ~
t'WI> MARCH 21. 2O.J ..l.L
E-FILED 2014 APR 12 12:33 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

MICHAEL JOHN GROTH ,
Defendant.

Case No: 02811 OWCR012532

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been 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 can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper 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 plua 35% surcharge and court
costs
You will lose your license for a minimum of 180 days and cannot obtain a work permit for
0 days.

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

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes 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 New
Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility
of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk
of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS
MANDATORY, 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 determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information 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 hearing
is:
Waived
Preliminary Hearing is scheduled on 05/05/2014 at 9:30 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 at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED 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 Defendant
Defendant
2 of 4
Sac County Sheriff
3 of 4
State of Iowa Courts
Case Number Case Title
OWCR012532 STATE VS MICHAEL JOHN GROTH
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-04-14 09:29:54
4 of 4
E-FILED 2014 APR 14 12:14 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.OWCR012532
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
MICHAEL JOHN GROTH )
)
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 14 2:17 PM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012532
Plaintiff,
vs.
TRIAL INFORMATION
MICHAEL JOHN GROTH,
DOB: 04/09/1992
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, Michael John Groth
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, Michael John Groth, on or about April 11, 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 Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
E-FILED 2014 MAY 06 12:35 PM SAC - CLERK OF DISTRICT COURT
2
Email: attorney@saccounty.org
THE STATE OF IOWA vs. MICHAEL JOHN GROTH
Criminal No. OWCR012532
COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA
DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICS
LABORATORY
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-05-06 12:35:37 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction 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 is
scheduled on 05/21/2014 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 such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under 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 show
cause 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 Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
IN THE IOWA DISRICT COURT FOR SAC COUNTY
STATE OI -' I OWA.
Vs.
MICHAEL .TOTIN GROTI I
Defendant
)
CRI MI NAT. NO OWCRO12532
)
)
WRrTTEN ARRAIGNMENT.
)
)
PLEAOFNOTGUI LTY
)
)
Date l' rial Inlbrmation filed: 05/06/2014
COMES NOW the Defendant in the above-captioned criminal case and under oath states:
l. I am reprcsented b)' Attorne)' Charles A. Schulte, whose address and phone number are
421 Mai n St . . PO Box 392. Sac Ci t y, I A. 50583: (712) 662-4715.
2. M.v cunent mailing and residence address and phone numbcr are 601 Morningside
Dr . . SacCi t y. I A50583. Myphonenumber i s: 712- 660- 38l 0. M1 dat eof bi r t hi s04- 09-
1992. I can rcad and understand the English language and have completed the lbllowing
lcvel ofeducation: l2 Years.
,1.
I havc been advised by my attorne,v and undcrstand that I have a right to araignment
in open Coufi, and I voluntaril.v waive that right. choosing instead to sign this Written
Anaignment and Plea of Not Guilty. I understand that times for funher proccedings
rvhich are computed fron.r the date of anaignment rvill bc computed liom the date of
filing this Written Anaignment and Plea of Not Guilty.
5. I have received a copy of the Trial Inlbrmation which chargcs me with the crimc of
COUNT I: OPERA.TING WHILE INTOXICATED FIRST OFFENSFI' in violation
of l owa Code Sect i on 32 I J. 2.
6. With regard to the name by which I am charged in the Trial lnformation
(cither check
"a" or check and complete
"b"):
b6a.
Lhc neme on the Trial Information is my true name. I have been adviscd
"nd
uttd".\and thar I am nou precluded from objecting to the Trial Information upon the
ground that I am in, propcrly named.
(
)b.
The name shorvn on the Trial Inlbrmation is not my true name. M"Y true
name is. I rcquest that an entry be made in the minutes showing my true name. I have
been advised and understand further proceedings will bc had against me by that namc.
the Trial lnformation r.vill be arnended accordingly. and when thc Trial lnfbrmation is so
amended. I will be precluded from objecting upon the grounds I am improperl-v named.
7. I have been advised and understand that I may plead guilty. not guilty or formcr
conviction or acquittal.
8. For the purpose ofthis arraignment. I have had sulllcient time to discuss my case with
my attorney. and I r'vaive any further time in r.vhich to enter a plea.
9. I plead NOT GUILTY to tho charges in paragraph 5 above.
10. I have been advised and understand tl.rat I have a right under Rulc 2.33(2)(b) o1 the
Itnt'a Rules o/ Crintinal Procedure to a trial within ninety days/one year aftcr the filing of
the Trial Information and
(check
either "a" or "b"):
)/a.
I demand speedy trial pursuant to Rule 2.33(2)(b) and
(c)
(
)
b. 1*' aive m.v right to a speed.v trial pursuant to Rule 2.33(2Xb) and (c).
11. I request that a trial date bc set pursuant to Rule 8.1 of the.lou' a Rules ol
(' riminal
Procedure. My attorney and I rvill be available for trial on thc lbllou' ing davs: Any
Ti me.
Original to be filcd with Clerk of Court
Copy provided to:
Countv Attornev
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


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

The defendant having filed a written arraignment in this matter on May 20, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 07/02/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior 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 07/22/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the 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
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
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
1


STATE OF IOWA,

Plaintiff,

v.

JASON CARNINE
MICHAEL GROTH
MILES MCCREA
MAURICE SIEBRECHT,
TYREL BROUCHOUS,
DONNA MAU,
MATTHEW WESSELS,

Dfn!ant".

SRCR012515
OWCR012532
FECR012534
SRCR012424
AGCR012500
SRCR012507
OWCR012535

ORDER SCHEDULING TRIAL

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STATE 0. JASON CARNINE, DE3AND
STATE 0. MICHAEL GROTH, DE3AND
STATE 0. MILES MCCREA, DE3AND
STATE 0. MAURICE SIEBRECHT,
STATE 0. TYREL BROUCHOUS,
STATE 0. DONNA MAU,
STATE 0. MATTHEW WESSELS,

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E-FILED 2014 JUL 15 11:31 AM SAC - CLERK OF DISTRICT COURT
2

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IT IS SO ORDERED.

C#()7 S'a## F")/-' Co./(- To:
C%*nt+ Att%(n+
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Un('("nt! Dfn!ant" 3a#$ #a"5
Type: OTHER ORDER
SRCR012507 STATE VS DONNA JANE MAU
SRCR012424 STATE VS MAURICE DON SIEBRECHT
AGCR012500 STATE VS TYREL LYNN BROUCHOUS
OWCR012535 STATE VS MATTHEW WESSELS
SRCR012515 STATE OF IOWA VS. JASON L. CARNINE
FECR012534 STATE VS MILES ROSS MCCREA
So Ordered
STATE OF IOWA,
Plaintiff,
v.
MICHAEL JOHN GROTH,
Defendant.
Case No. OWCR012532
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On July 2, 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 by 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:
defendant has agreed to plead guilty to count 1 (OWI FIRST OFFENSE), and
pay all minimum fines, fees, costs, and penalties. In consideration of the
foregoing, the State has agreed to recommend that defendant receive a
deferred judgment and be placed on informal probation through the Sac County
Probation Office. Additionally, Defendant intends to submit a written guilty plea
by July 29, 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: attorney@saccounty.org

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 OWCR012532

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 08/06/2014 at
9:30 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 arrest
being issued.

1 of 2
E-FILED 2014 JUL 17 12:51 PM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 JUL 17 12:51 PM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
vs.
Plaintiff
No. OWCR0l 2532
GUILTY PLEA
SERI OUS MI SDEMEANOR. OWI
MICHAEL JOHN GROTH.
DOB: 0410911992
Defendant.
COUNT I
I, the undersigned Defendant, have carelully read and lully understand the following:
I arn charged with OPERATINC A MOTOR VEHICLE WHILE INTOXICATED
-
IST
OFFENSE, in violation of Iowa Code Section 321J.2, a Set' ious Misdemeanor, and I hereby
request that my plea of guilty to the charge be entered ol record.
A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one
year in
jail
and a mandatory fine ofnot more than S1,250.00,
plus statutory surcharges, plus
coud costs and all costs and fees hcurred for legal assistance which is immediately due on the
date of sentencing, unless a payment plan is approved by the court withir thirty days ofthe
Judgment date. I realize that, if therc was no personal or property injury, and I present to the
Courl a temporary restricted license, the Court may r.vaivc up to $625 of the fine and the
related statutory surcharge. I acknowledge that, the Court may order me to perfotm
community service work, if the Court is of the opnion that comrrunity service work will deter
and discourage others from similar criminal activity. The community service must be done for
a governmental or non-profit agency.
(The rate at which community service shall be
calculated against my fine shall be the federal minimum wage.) In addition, I may be required
to pay correctional fees for incarceration and enrollnrent fees for probation. I am aware that
sentencing options may include deferral ofJudgment and Sentence, the grant ofprobation and
the suspension ofthe sentence imposed.
.
There is a minimum penalty of imprisonment in
jail
for
218
hours, which must be imposed
unless I am eligible lbr a deferred
judgmcnt,
or deferred sentence.
.
The Court musl order me to attend a course for drinking drivers.
.
The Court must order me to undergo a substance abuse evaluation and to follow the
recommendations.
r
The Court may order me to participate in a reality education substance abuse prevention
program.
.
The Court may order restitution to any victrm of my oflbnse. ln addition, the Court may
order restitution up to $500 each to any public agency (fire-fighting, law enforcement,
ambulance, medical or any other emergency selvices), which responded as a result of tny
violation.
.
Unless the Department of Transportation has already revoked my license or driving
privileges, I understand my license or driving privilcges will be revoked a mtnimum of 180
days.
o
I understand that there can be no defenal ofjudgment or sentence or suspension ofany
mandatory minrmum sentence of incarceration and no suspension of any other part of my
sentence not involving incarceration if:
.
I tested over . l5%o: or
o
I refused an implied consent test; or
.
I have been convicted of OWI or receivcd a defened
iudement or sentence for
OWI in Iowa or any other state; or
o
If another person was injured by this OWI offense.
o
I understand that there can be no reduction of rny line and the related statutory surcharge
unless:
o
The Court finds that there ltas been no personal injury as a result of my actions,
and
.
The Court finds that there has been no property damage as a result ofmy actions,
and
.
I present a temporary restricted liccnse within the time ordcred by the Court.
o
I understand I must complete a substancc abuse evaluation at my own expense before I
can be sentenced. I will provide the evaluation to the Court befbre I am sentenced.
B. I understand that a criminal conviction, deferred
judgment
or def' ened sentence may affect my
status under federal immigration laws.
C. If I plead not guilty, I would be entrtled to the following rights. I give up these rights by
pleading guilty:
(l). The right to a speedy and public trial bya
juryof
twelve people.
(2). The right to have an attorney represent me at trial and, if the Coun found I was unable to
afford an attomey, the Court would, at public expensc, appoint an attomey to represent me.
(3).
At trial, I would be presumed innocent until such time, if ever, the State established my
guilt beyond a reasonable doubt.
(4). At trial, a
jury
verdict of guilty would have to be unanimous.
(5). At trial, I would have the privilege against self-incrinination, that is, I cannot be forced to
testi!, and if I choose not to testi0/, the State may not comment on the fact of my lbilure to
testiry and, at my request, I would be entitled to a
jury
instruction statmg that the
jury
could
not infer guilt lrom my failure to testif,.
(6). At trial, the State would havc to conftont rne with rvitnesses upon whose testimony it
relied to obtain conviction, and I would have the right to cross examine those witnesses.
(7). At trial, I would be entitled to present witnesses to testily on my behalf and to
compulsory process to secure those witncsses.
D. tsy pleading guilty, there will not be a trial of any kind. By pleading guilty. I waive rny right to
trial, and will be treated as if I had becn tried and found guilty by a
jury.
E. The Court, ur determining whether there is a factual basis lor this plea of guilty, may make
such a determination by examining the Minutes of Testimony attached to the Trial
Information, by reviewrrg the investigative reports of law enforcement agents who have
investigated the ollense, or by asking me or counsel to recite and summarizc the material facts
that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between the State
and mysell The plea agreement is: I will
plead
to Count l: Operating a Motor Vehicle
While Intoxicated. l" Offense. The Counqr Attorney will recon,nTend a Deferred Judgment. I
will follow and complete the recornmendation of the Substance Abuse Evaluation. which I
obtained on April 14. 2014. I will be placed on probation to the Sac County Probation
Oflicer for a
period
of one vear liom the Judgment date. I will pay a Civil Penalt). to the
State Court Administrator. through the Clerk ofCourt. in the amount ofS1.250.00. and court
costs: to be
paid
as set out in the
probation
supervision agreement. lf I obtain a temporary
restricted license the Civil Penalti/ will be reduced to $625.00. I will complete a l2-hour
Prime for Life course or similar orogram within sx
(6)
months of this date. Unless the
Department of Transnortation has alread), revoked rn), license or driving privileges for this
oflense. I understand m)' license or drrving privileges will be revoked a minimum of 180 da)'s.
This plea agreement includes that I will be responsible to pay court costs, pa)4nent ofall costs
and l ees mcurred f or l egal as: . i st ance. ri ct i nr rcsl i l uri on. correct i on t j ai l l Ge l or any
j ai l
t une
and all surcharges and mandatory punislutents (see paragraph B) applicablc to my case.
F. I now state to the Court that I am, m fact GUILTY and that no threats or promises have been
made to induce me to enter my plea of guilty. I have been infbrmed that the elements of the
crime are: that I operated a motor vehicle (l) rvhile under the influence of an alcoholic
beverage or other drug or a combination of such substanccs; or (2) while having an
alcohol concentration of .08 or more; or (3) while any amount of a controlled substance
is prsent in my person as mcasured in my blood or urine. I understand the nature of
the charge against me,
This offense rvas comnitted by me in Sac County lowa by nry doing the followurg: I did on
or about April I l. 2014. unlawfullv operate a motor vehicle rvhilc under the influence of
and rvas intoxicated at thc time when I lvas drivins and did have a blood alcohol
concentration of .142
(BAC).
I hereby state that I subrnit this written plea of guilty u' ith full krowledge and waiver of rny rights
and I do so lieely and voluntarily. No threats have been made against me to obtain this guilty
plea. No promises of leniency or lavorable treatment have been madc, except fbr any plea
agreement disclosed to the Court at the time of this guilty plea.
G. Ifthe Court accepts my plea ofguilty, I realize:
(l) The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I
must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right k)
file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence
today.
(2). Ifthe Cou( imposes a sentence today, I will never be able to challenge this plea ofguilty,
and I will be giving up rny right to dfectly appeal my guilty plea.
I ask the Court to accept this plea ofguilty. I waive the preceding rights and my right to have
the Coufi address me personally.
WAI VER OF MOTI ON I N ARREST OF JUDGMENT
Ifthe Court accepts rny plea of guilty, I wish to be sentenced now. I understand that:
L ln order to contest this plea o1' guilty, I must file a Motion in Arrest of Judgment no later
than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of
judgment,
and that the Court will set a sentencing date not less than hfteen days after the
date of its acceptance of this guilty plea unless I waive this right, and the right to file a
Motion in Arrest ol' Judgrnent will be waived by having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this plea of
guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I rvaive any time to which I may be entitled
for sentencing at a later date.
WAI VER OF RI GHI ' TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my sentencing
and present evidence in my own behall I understand that it is my choice to be present or not, and
l hat no one can excl udc t ne &om rent enci ng.
With the above in mind. and f' urther understanding that my decision whether to be present
or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my
sentencilg.
STATE OF IOWA
)
) S S
SAC COLINTY
) ,
- - -b; i l i r4f a"y
or
-t t Ut f
20t 4bcf orcrne rt rc unt i crsrgned. r Not ary
pubt i c
i n and
f or sai d Sr ar c. pcr sonal l ; apper r ed
/
14t e hAe- l Gl ol
h
. r omc
known to be the identical pcrson named ln and who cxccLrted the fbregoing instrurncnt. and acknowledgcd
,
Def' endant' s Attomey
ffi-5"*"
iit
co.rnit"iont
becemoer
t'
"
that he executed the samc ofhis voluntary act and deetl.
of Iowa
IN THE IOWA DISTRICT COURT FOR SAC COIINTY
TI t E STATE OF I OWA.
PlaintilT
Vs.
MICHAEL.]OHN GI{O' |H
Defendant
owcR0l 2532
NOTICE OT. II,MPORARY
RESTRICl' ED PERMIT
' lhe
defendant in this causc hereby gives notice that he l.ras obtained a tenlporary
restricted permit to drilc (uork permit). A Cop-v of thc same is attached hcreto.
Respectfully submitted.
/ s/ Charl es A. Schul t c AT0007137
Schulte Lau, F' inn. L C
421 Mai n St . . P. O. Box 392
Sac Cit.v. IA 505 83
(712) 662-47 15
Fax: (712) 662-4884
sc h u I arvlglpqUte
!:tg!.!
e'!
USA
601 MORNINGSIDE
DR'
sAc cl rY, l a 50583
DL N. 200cc2381
;, o5/13/2014
E' r 041w2022
era NONE
DoB 04/09/199?
irLr 980631872GM0955M090422R
rcr f-03"
Fy! s BRO

1


STATE OF IOWA,

Plaintiff,

v.

MICHAEL JOHN GROTH,

Defendant.

OWCR0!"#!

RECORD OF PLEA OF GUILTY AND
DEFERRED JUDGMENT 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 / #!J.!

Defendant 'a+ filed a .%itten &,ilt0 $lea and a .aive% (f Defendant1+ %i&'t t( 2e
$%e+ent f(% +enten*in&. Defendant a+3+ t'at t'e $lea t( t'e a2(ve *'a%&e4+5 2e
a**e$ted and t'at +enten*e 2e i-$(+ed $,%+,ant t( t'e $lea a%%an&e-ent a&%eed ,$(n
20 t'e $a%tie+ .it'(,t t'e f(%-alit0 (f t'e %e*(%d %e6,i%ed 20 R,le+ !.7 and !.0 (f t'e
I(.a R,le+ (f C%i-inal P%(*ed,%e.
T'e C(,%t 'e%e20 inf(%-+ Defendant t'at Defendant1+ $lea (f &,ilt0 t( t'e
a2(ve8%efe%en*ed *'a%&e i+ a**e$ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:
. Defendant i+ &%anted a defe%%ed 9,d&-ent $,%+,ant t( I(.a C(de
Se*ti(n+ :0." and :0;.#.
!. Defendant +'all $a0 all (f t'e f(ll(.in& finan*ial (2li&ati(n+<
4a5 P,%+,ant t( I(.a C(de Se*ti(n+ #!J.!4#54*545 and :0;.=,
Defendant +'all $a0 a *ivil $enalt0 (f >,!"0.00. Defendant 'a+
$%(vided n(ti*e and $%((f t'at 'e 'a+ (2tained a te-$(%a%0
%e+t%i*ted li*en+e i++,ed $,%+,ant t( I(.a C(de Se*ti(n #!J.!0,
t'e%ef(%e, t'e C(,%t .ill .aive >?!".00 (f t'e *ivil $enalt0@
425 %e+tit,ti(n in an a-(,nt t( 2e dete%-ined at a late% ti-e. T'e
State +'all file a +tate-ent (f $e*,nia%0 da-a&e+ .it'in #0 da0+ (f
t(da01+ date, (% n( %e+tit,ti(n +'all 2e (%de%ed. A$(n filin& (f +,*'
a +tate-ent, t'e a-(,nt *lai-ed in t'e +tate-ent +'all 2e
*(n+ide%ed t( 2e (%de%ed t( 2e $aid ,nle++ Defendant (29e*t+ t(
t'e *lai-ed a-(,nt 20 filin& an (29e*ti(n .it'in 0 da0+ (f t'e
filin& (f t'e +tate-ent. In t'at event, t'e C(,%t +'all i++,e an
(%de% e+ta2li+'in& t'e %e+tit,ti(n a-(,nt, .it' (% .it'(,t a 'ea%in&
a+ t'e C(,%t dee-+ a$$%($%iate@ and
4*5 Defendant +'all $a0 t'e *(,%t *(+t+ (f t'e+e $%(*eedin&+.


2

Defendant +'all $a0 all finan*ial (2li&ati(n+ (.ed t( t'e Cle%3 (f C(,%t (f
t'i+ *(,nt0 (% (nline at ....i(.a*(,%t+.&(v. All +,*' finan*ial
(2li&ati(n+ +'all 2e $aid $,%+,ant t( a $a0-ent $lan t( 2e devel($ed 20
'i+ $%(2ati(n +,$e%vi+(%.

#. Defendant i+ $la*ed (n $%(2ati(n ,nde% t'e f(ll(.in& te%-+ and
*(nditi(n+<

a. Defendant i+ $la*ed (n $%(2ati(n t( t'e Sa* C(,nt0 P%(2ati(n
Offi*e% 4Bt'e P%(2ati(n S,$e%vi+(%C5 f(% a $e%i(d (f (ne 45 0ea%
f%(- t'e date (f filin& (f t'i+ O%de%@

2. Defendant +'all f(ll(. all te%-+ and *(nditi(n+ i-$(+ed 20 t'e
P%(2ati(n S,$e%vi+(% t'at t'e P%(2ati(n S,$e%vi+(% dee-+
a$$%($%iate. In additi(n t( an0 te%-+ and *(nditi(n+ i-$(+ed 20
t'e P%(2ati(n S,$e%vi+(%, t'e C(,%t +$e*ifi*all0 i-$(+e+ all (f t'e
f(ll(.in& additi(nal te%-+ and *(nditi(n+<

45 Defendant +'all -a3e in8$e%+(n *(nta*t .it' t'e P%(2ati(n
S,$e%vi+(% .it'in +even 4;5 da0+ (f t'e filin& (f t'i+ O%de% t(
+i&n ,$ f(% $%(2ati(n and +i&n an0 $%(2ati(n +,$e%vi+i(n
a&%ee-ent %e6,e+ted 20 t'e P%(2ati(n S,$e%vi+(%.
Telephone contact ! not !"##cent@

4!5 Defendant +'all (2e0 all la.+@

4#5 Defendant i+ $%('i2ited f%(- *(n+,-in& (% $(++e++in&
al*('(l (% an0 ille&al d%,& (% an0 d%,& f(% .'i*' Defendant
d(e+ n(t 'ave a valid $%e+*%i$ti(n. In additi(n, Defendant i+
$%('i2ited f%(- 2ein& at an0 l(*ati(n .'e%e al*('(l (% ille&al
d%,&+ a%e $%e+ent, %e&a%dle++ (f .'et'e% Defendant i+
a*t,all0 in $(++e++i(n (f (% *(n+,-in& +,*' al*('(l (% ille&al
d%,&+. T'i+ $%('i2iti(n d(e+ n(t $%('i2it Defendant f%(-
2ein& at a $,2li* l(*ati(n 4e.&., %e+ta,%ant5 .'e%e al*('(l i+
+e%ved, +( l(n& a+ t'e $%i-a%0 $,%$(+e (f t'e e+ta2li+'-ent
i+ 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@

4=5 Defendant 'a+ (2tained a +,2+tan*e a2,+e eval,ati(n.
Defendant +'all f(ll(. an0 %e*(--endati(n+ f(% t%eat-ent
(% *(,n+elin& -ade a+ a %e+,lt (f t'e eval,ati(n, all at
DefendantD+ (.n e)$en+e@


3

4"5 Defendant +'all en%(ll in and *(-$lete t'e D%in3in& D%ive%D+
S*'((l +$(n+(%ed 20 t'e *(--,nit0 *(lle&e +0+te-. On (%
2ef(%e t'e ?0
t'
da0 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'e D%in3in& D%ive%D+ S*'((l@ and

4?5 Defendant +'all *(-$l0 .it' all te%-+ (f t'i+ O%de%,
in*l,din& $a0in& all finan*ial (2li&ati(n+ and *(-$letin& all
%e6,i%ed ta+3+ in a ti-el0 -anne%.

=. T'e C(,%t &%ant+ t'i+ defe%%ed 9,d&-ent 2e*a,+e it $%(vide+ f(% t'e
%e'a2ilitati(n (f Defendant and f(% t'e $%(te*ti(n (f t'e *(--,nit0. T'e C(,%t 'a+
*(n+ide%ed t'e %e*(--endati(n (f t'e $a%tie+ .it' %e+$e*t t( di+$(+iti(n. T'e te%-+ (f
t'i+ O%de% a%e a$$%($%iate in li&'t (f t'e %elevant fa*t+, in*l,din& DefendantD+ *%i-inal
%e*(%d, (% la*3 t'e%e(f, andE(% t'e *i%*,-+tan*e+ (f t'e *a+e.
". D,e t( t'e fa*t t'at 9,d&-ent 'a+ 2een defe%%ed, a$$eal %i&'t+ d( n(t
a$$l0.
?. Defendant i+ advi+ed t'at, in t'e event Defendant d(e+ n(t f,lfill t'e
*(nditi(n+ (f $%(2ati(n, in additi(n t( $(tential *(nte-$t (f *(,%t +an*ti(n+, t'e C(,%t
-a0 %ev(3e Defendant1+ $%(2ati(n and i-$(+e an0 +enten*e a,t'(%iFed 20 la..
;. DefendantD+ a$$ea%an*e 2(nd, if an0, i+ e)(ne%ated, e)*e$t a+ (t'e%.i+e
$%(vided in t'i+ O%de%.

Cle$% Shall F"$n!h Cope! To:
C(,nt0 Att(%ne0
Defen+e C(,n+el
P%(2ati(n S,$e%vi+(%
I(.a De$a%t-ent (f T%an+$(%tati(n
Type: OTHER ORDER
So Ordered

Sac City Man Convicted of OWI 1st Offense

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Sac City Man Convicted of OWI 1st Offense

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Complaint Item #: 14-0032

STATE OF IOWA, COUNTY OF SAC

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