E-FILED 2013 AUG 03 2:30 AM SAC - CLERK OF DISTRICT COURT

Complaint

Item #: STATE OF IOWA, COUNTY OF SAC

Before (Judge, Magistrate)____________________________

STATE OF IOWA Vs.

Chad H Brotherson
Defendant

Criminal Case No. ____________________

Address 516 Fairing Ave Sac City, IA Date of Birth 05/19/1987

Complaint

Simple Misdemeanor
, in that the defendant on the 2
nd

The defendant is accused of the crime of OWI 1st offense in violation of (Section 321J.2 of the Code of Iowa) or Ordinance No. of the City of day of August , 2013, at the Hwy 71-175 & Needham

Ave in Sac County, did : Operate a motor vehicle while under the influence of an alcoholic beverage upon a public highway. (State acts or omissions constituting offense) Dated 08-03-2013

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 Chad Brotherson the defendant committed the crime charged. Address 3710 Hwy 30 East Denison, IA 51442

I stopped the subject for erratic driving. Upon approach of the driver I could smell the strong odor of an alcoholic beverage coming from the driver. The subject identified as Chad Brotherson 05/19/1987 consented to field sobriety tests at roadside. Mr. Brotherson failed the tests. Mr. Brotherson was placed under arrest. At the Law Enforcement Center he consented and failed a DataMaster test with a BAC of .156%. Mr. Brotherson also had two open containers of alcohol in the center console of his vehicle. .

Signature Subscribed and sworn to before me by the said ____Brent Meadows ISP #68________________________________, Complainant, on the 03 day of August 20 13 Magistrate, Clerk or Notary Public in the State of Iowa Complaint and affidavit filed and probable cause found that the defendant committed the offense charged. Magistrate

2013043080
Form 420001E 1/07 State of Iowa In the Court at VS. Name

Citation #:

Reference #:

E-FILED 2013 IOWA AUG 03 2:30 AM SAC CLERK OF DISTRICT COURT UNIFORM CITATION AND COMPLAINT
Law Enforcement Agency IOWA STATE PATROL - DIST 04 City of:

County of: SAC - 81

SAC COUNTY COURTHOUSE 100 NW STATE STREET SUITE 12 CHAD

First DL Class

SAC CITY
DL#

IA

50583
DL/State ID Viewed? YES DOB 05/19/1987 Ethnicity N Sex MALE

BROTHERSON
Defendant, Last

HOWARD
Middle City Suffix

538XX5995
State IA DL Rest. NONE Zip Code Height

Address 516 FAIRING AVE DL State IA The undersigned states that on or about US DOT# Upon a public highway at Scheduled Violation/Fine Criminal Surcharge Co. Enf. Surcharge Court Costs Total Fine/Costs ICC#

SAC CITY
DL End. NONE

Race W 50583-0000 6' 04" Weight 200 LBS

08/02/2013

at 11:56 PM

defendant did unlawfully: Operate Motor Vehicle/Boat State

2010 BLK

Lic. Plate #/REG 786ZEF

WEST OF NEEDHAM AVE ON HWY 175

CDL NO HazMat End Req? Req? Req? Located in the county and state aforesaid and did then and there commit the following offense:

IA

Year 2014

TOYOTA - TUN TOYT Pass End

PK

Court Appearance Required (805.10) Reason: Serious P.I. Fatal Accident

Road Work Zone Civil Damage Assessment

Non-scheduled Violation Other

Speed Fed/Adm Code:

in

Zone

N/A
Violation

OPER VEH WH INT (OWI) / 1ST OFF

ICIS Sec #: 321J.2(2)(A) I.D. No. 068 Local Ord. ICIS Ord.

IA Code: 20 13

Sec #: 321J.2

Officer's Signature

NOTICE: Providing false identification information is a violation of Section 719.1A of the Code of Iowa and is punishable as a simple misdemeanor.

Dated 08/03/2013

Court Date: If you must appear in court or if you choose to appear to answer to a charge which does not require an appearance, report to the above named court on: 08/06/2013 at 9:30 AM
My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place. I understand that a person who willfully fails to appear in court as specified by this citation may be subject to arrest and/or loss of driving privileges. 3. If a court appearance is not required, I may enter a plea of guilty prior to the designated appearance date by delivery in person, or by agent, or by mail to the court specified by this citation. The following applies to simple misdemeanors only:

$1,000.00 4. I hereby give my unsecured appearance bond in the amount of dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court cost.

*+P048MEA1308022358243+*
Dated
Signature of Defendant

08/03/2013

I swear that the foregoing complaint is true and correct.

Subscribed and sworn to me by this

MEADOWS, B 03 day of AUGUST, 2013

Notary/other Signature

at

SAC CITY - 6717

, Iowa

Officer's Signature

Agency

Notary/other

IOWA STATE PATROL - DIST 04

NOTARY

ABSTRACT OF COURT RECORD

COURT NO. DOCKET NO. LICENSE NO. FORFEIT BOND BAIL CASH DEPOSIT JURY TRIAL PLEA NO JURY TRIAL or PROCEEDING GUILTY NOT GUILTY VERDICT GUILTY NOT GUILTY DISMISSED
Date Signature, person giving bail Signature, person taking bail

CASE NO. CASE NO. STATE: TESTIMONY - JUDGE'S NOTES: (Other Orders) Iowa Other

OTHER DISPOSITION The court Therefore Enters in Following Order This Date
Mo. Day Yr.

Driver's License Recommendation DATE: DATE: DATE:

None

School

Susp.

Revo

Days

Continued to: Continued to: WARRANT ISSUED

REASON REASON

FINED $ Incarceration in

SURCHARGE $

COST $ Days:

TO THE COURT: The following are witnesses who can give testimony relating to the facts of this alleged violation. Please subpoena prosecuting witness: Name Address Phone

E-FILED 2013 AUG 05 8:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 12 9:45 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS CHAD HOWARD BROTHERSON Defendant 02811 OWCR012387

ORDER

Upon review the court notes that this action although an OWI first offense was filed as a simple misdemeanor when it is a serious misdemeanor. Defendant did not appear as agreed. Unless an appearance is filed by 4:30 p.m. on August 13, 2013 a summons shall issue ordering his appearance at 8:30 a.m. on August 19, 2013.

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E-FILED 2013 AUG 12 9:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012387 Type: Case Title STATE VS CHAD H BROTHERSON OTHER ORDER So Ordered

Electronically signed on 2013-08-12 09:45:05

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E-FILED 2013 AUG 15 3:36 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 15 3:36 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 AUG 19 9:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012387 vs. CHAD HOWARD BROTHERSON , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE Defendant appears by attorney Mark Rasmussen who shall be provided a copy of this order. He shall review the terms of the defendant's release with him and emphasize that he MUST obtain the substance abuse evaluation and provide a copy to the clerk within 30 days. 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 $1,250.00 or more than $1,875.00 plus 35% surcharge and court costs
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E-FILED 2013 AUG 19 9:27 AM SAC - CLERK OF DISTRICT COURT

You will lose your license for a minimum of 180 days and cannot obtain a work permit for days. 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 at : AM at the . 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

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E-FILED 2013 AUG 19 9:27 AM SAC - CLERK OF DISTRICT COURT

The Court has provided a copy to the Defendant Defendant Sac County Sheriff

3 of 4

E-FILED 2013 AUG 19 9:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012387 Type: Case Title STATE VS CHAD H BROTHERSON HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-08-19 09:27:08

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHAD HOWARD BROTHERSON, DOB: 5-19-87 Defendant. TRIAL INFORMATION Case No. OWCR012387

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, CHAD HOWARD BROTHERSON (defendant) of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: On or about August 2, 2013, in Sac County, Iowa, defendant did unlawfully and willfully operate a motor vehicle by one or more of the following means: while under the influence of an alcoholic beverage or drugs or a combination of such substances; while having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; and while any amount of a controlled substance is present in the person as measured in the person's blood or urine.

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 29 10:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012387 Approval of Trial Information Case Title STATE VS CHAD H BROTHERSON

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 2013-08-29 10:00:58

page 2 of 2

E-FILED 2013 AUG 29 10:00 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR !"#$% Plaintiff, ORDER SET ARRAI&NMENT AND APPROVE BOND VS. CHAD HOWARD BROTHERSON, Defendant.

T'e TRIAL INFORMATION and t'e MINUTES OF EVIDENCE in t'i( )atte* 'a+e ,een e-a)ined and f./nd t. 0.ntain (/ffi0ient e+iden0e, if /ne-1lained, t. 2a**ant a 0.n+i0ti.n in a t*ial ,3 4/*3, t'e*ef.*e, t'i( )atte* ('all ,e (et f.* A**ai5n)ent. IT IS ORDERED, t'e Defendant ('all 1e*(.nall3 a11ea* f.* A**ai5n)ent at t'e Sa0 C./nt3 C./*t'./(e, Di(t*i0t C./*t*..), Sa0 Cit3, I.2a .n t'e 10th day of September 2013 at 9:00 a.m.. T'e Defendant i( ad+i(ed t'at fail/*e t. a11ea* 2ill *e(/lt in t'e i((/an0e .f an a**e(t 2a**ant. IT IS FURTHER ORDERED, t'e Defendant6( ,.nd and 0.nditi.n( f.* *elea(e f*.) 0/(t.d3 in t'i( )atte* ('all ,e7 Defendant i( *elea(ed .n 1e*(.nal *e0.5ni8an0e. B.nd i( (et in t'e a)./nt .f 9::::::::::::::::. B.nd )a3 ,e /n(e0/*ed. B.nd )/(t ,e 0a(' .* (e0/*ed in t'e a)./nt .f t'e B.nd. ! ; 0a(' )a3 ,e 1.(ted. Bond previously set shall continue. Cle*< .f C./*t ('all i((/e a (/)).n( f.* Defendant t. A11ea*. Cle*< .f C./*t ('all i((/e an a**e(t 2a**ant. Other Conditions of elease: !efendant shall obey all "ederal# State# and $ocal la%s. T'e Defendant ('all ,e .n 1*e=t*ial (/1e*+i(i.n t. t'e Se0.nd >/di0ial Di(t*i0t De1a*t)ent .f C.**e0ti.nal Se*+i0e(. Ot'e*7 &'( !efendant is Ordered to immediately obtain a Substance )buse *valuation and provide it to the Court. "ailure to do so may result in the revocation of !efendant+s ,re -rial elease.

State of Iowa Courts Type: Case Number OWCR012387 ORDER FOR ARRAIGNMENT Case Title STATE VS CHAD H BROTHERSON So Ordered

Electronically signed on 2013-08-29 10:00:58

page 2 of 2

E-FILED 2013 SEP 09 10:34 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 09 10:34 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 09 3:45 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. CHAD HOWARD BROTHERSON , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on September 9, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by Mark Rasmussen. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on November 5, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes 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.
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Case No. 02811 OWCR012387

ORDER FOR TRIAL

E-FILED 2013 SEP 09 3:45 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY MARK JAMES RASMUSSEN DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 SEP 09 3:45 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012387 Type: Case Title STATE VS CHAD H BROTHERSON ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-09 15:45:02

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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF VS.

DISTRICT COURT Or IOWA SAC COUNTY FILED

2 0 1 3O C T 2! A M 10: 02

APPLICATION TO WAIVE ATTORNEY AND PROCEED (PRO SE) DEFENDANT

In support of my application to waive attorney I state: I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses. 2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me. 3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice. 4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney. 1.

Dated this

[0 / 2 (

J Zo/S

Defendant

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

r-o

o
CO

STATE OF IOWA, Plaintiff,

vs.

No. OWCRO 12387

cr>o

X)

CHAD HOWARD BROTHERSON, DOB: 05/19/1987, Defendant. COUNTI

OWI - 1st OFFENSE GUILTY PLEA

CD CD

I, the undersigned Defendant, have carefully read and fully understand the following: I am charged with OPERATING A MOTOR V E H I C L E WHILE INTOXICATED, FIRST OFFENSE, in violation of Iowa Code Section 321 J.2, a Serious Misdemeanor, and I hereby request that my plea of guilty to the charge be entered of record. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than 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 assistance which is immediately due on the date of sentencing unless a payment plan has been approved by the Court. I realize that, if there was no personal or property injury, and I present to the Court a temporary restricted license, the Court may waive up to $625 of the fine and the related statutory surcharge. I acknowledge that, the Court may order me to perform community service work, if the Court is of the opinion that community 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 enrollment fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of the sentence imposed. There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposed unless I am eligible for a deferred judgment, or deferred sentence. The Court must 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. The Court may order me to participate in a reality education substance abuse prevention program. The Court may order restitution to any victim of my offense. In addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law enforcement, ambulance, medical or any other emergency services), which responded as a result of my violation. Unless the Department of Transportation has already revoked my license or driving privileges, I understand my license or driving privileges will be revoked a minimum of 180 days.

 I understand that there can be no deferral of judgment or sentence or suspension of any mandatory minimum sentence of incarceration and no suspension of any other part of my sentence not involving incarceration if: I tested over . 15%; or I refused an implied consent test; or I have been convicted of OWI or received a deferred judgment or sentence for OWI in Iowa or any other state; or If another person was injured by this OWI offense. I understand that there can be no reduction of my fine and the related statutory surcharge unless: The Court finds that there has been no personal injury as a result of my actions, and The Court finds that there has been no property damage as a result of my actions, and I present a temporary restricted license within the time ordered by the Court. I understand I must complete a substance abuse evaluation at my own expense before I can be sentenced. I will provide the evaluation to the Court before I am sentenced. A. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws. B. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1) . The right to a speedy and public trial by ajury of twelve people. (2) . The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, at public expense, appoint an attorney 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-incrimination, that is, I cannot be forced to testify, and i f i choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify. (6) . At trial, the State would have to confront me with witnesses 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 testify on my behalf and to compulsory process to secure those witnesses. C. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to trial, and will be treated as i f i had been tried and found guilty by ajury. D. The Court, in determining whether there is a factual basis for this plea of guilty, may make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewing the investigative reports of law enforcement agents who have

investigated the offense, or by asking me or counsel to recite and summarize 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 myself. The plea agreement is: I will plead guilty to Count I: Operating a Motor Vehicle While Intoxicated 1 Offense. Recommended Jail time is 30 days, all of which will be suspended except for two (2) days, with credit for any time already served. Defendant may substitute a 48-hour Weekend Alcohol Program for 48 hours jail time. I f i choose not to attend the 48 hour Weekend Alcohol Program, then I will have to complete the 12 hour Driving Course. I will be placed on probation to the Sac County Probation Officer for a period of one year from the Judgment entry date. I will pay a fine of $1,250.00. plus a 35% surcharge in the amount of $437.50, a $10.00 DARE surcharge, and court costs; to be paid as Ordered by the Court. If I provide proof of a temporary driving permit the fine will be reduced to $625.00. I will follow the recommendation of the Substance Abuse Evaluation, which was no treatment. This plea agreement includes that I will be responsible to pay court costs, payment of all costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail time and all surcharges and mandatory punishments (see paragraph B) applicable to my case.
st

E. I now state to the Court that I am, in fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: That I operated a motor vehicle (1) while under the influence of an alcoholic beverage or other drug or a combination of such substances; or (2) while having an alcohol concentration of .08 or more; or (3) while any amount of a controlled substance is present in my person as measured in my blood or urine. I understand the nature of the charge against me. This offense was committed by me in Sac County Iowa by my doing the following: I did on or about the 2 day of August 2013, unlawfully operate a motor vehicle while under the influence of alcohol and was intoxicated at the time when I was driving and did have a blood alcohol concentration of .156 BAC.
nd

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats have been made against me to obtain this guilty plea. No promises of leniency or favorable treatment have been made, except for any plea agreement disclosed to the Court at the time of this guilty plea. F. If the Court accepts my plea of guilty, I realize: (1) . 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 to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today. (2) . If the Court imposes a sentence today, 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 ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have the Court address me personally. WAIVER OF MOTION IN ARREST OF JUDGMENT If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that: 1. In order to contest this plea of 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 fifteen 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 of Judgment 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 waive any time to which I may be entitled for sentencing at a later date. WAIVER OF RIGHT 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 behalf. I understand that it is my choice to be present or not, and that no one can exclude me from sentencing. With the above in mind, and further 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 sentencing.

//J
STATE OF IOWA SAC COUNTY ) ) SS )

tU=-~

Defendant, Chad Howard Brotherson

On this 7 day of for said State, personally appeared c \ \ A known to be the identical person named acknowledged that he executed the same of his
f

2013 before me the undersigned, a Notary Public in and ftf)){Lt.sJ ess* n , to me in and who executed the foregoing instrument, and voluntary act and deed. Notary Public in and for the State

E-FILED 2013 NOV 08 8:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plainti , !". CHAD HOWARD BROTHERSON, DO$% 0&'1('1(87 D, ,n-ant. COUNT I BE IT REMEMBERED t.at t.i" /att,0 1a/, on o0 ",nt,n1in2. T., Stat, i" 0,30,",nt,- 45 Sa1 Co6nt5 Atto0n,5 $,n7a/in )o.n S/it. an- D, ,n-ant a33,a0" 8it.o6t an atto0n,5. T., Co60t in-" t.at D, ,n-ant 8a" a-!i",- 1on1,0nin2 .i" 0i2.t to .a!, 1o6n",l. T., Co60t "3,1i i1all5 in-" D, ,n-ant9" 8ai!,0 o 1o6n",l to 4, :no8in2, !ol6nta05 an- int,lli2,nt. Ha!in2 il,- a 3l,a o 26ilt5 .,0,in, 8.i1. .a" 4,,n 0,!i,8,- 45 t.i" Co60t, an- i" in1o03o0at,.,0,in 45 t.i" 0, ,0,n1,, :no8" o no l,2al 1a6", 8.5 76-2/,nt ".o6l- not no8 4, ,nt,0,-, annon, a33,a0" 63on t., 0,1o0-. T., Co60t, t.,0, o0,, a11,3t" t., D, ,n-ant9" 3l,a o *6ilt5 anin-" t.at t., D, ,n-ant i" 26ilt5 o OPERATING WHILE INTOXICATED, FIRST OFFENSE in !iolation o Io8a Co-, S,1tion 321).2, a S,0io6" +i"-,/,ano0. IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, 360"6ant to S,1tion" 321).2, an- (03.1, Co-, o Io8a, t.at t., D, ,n-ant 4, ",nt,n1,- to% 1. T., 1on in,/,nt in t., Sa1 Co6nt5 )ail o0 a 3,0io- o t.i0t5;<30= -a5", all ti/, "6"3,n-,- a t,0 D, ,n-ant .a" ",0!,- t8o <2= -a5" in t., Sa1 Co6nt5 )ail, 8it. 10,-it o0 an5 ti/, al0,a-5 ",0!,-. D, ,n-ant i" ,li2i4l, o0 t., Sa1 Co6nt5 )ail Wo0: R,l,a", P0o20a/. a. D, ,n-ant ".all al"o 4, a"","",- t., 1o00,1tional ,, o >&&.00 3,0 -a5 1.a02,- 45 t., Sa1 Co6nt5 S.,0i 9" D,3a0t/,nt. D, ,n-ant ".all ",0!, "ai- ",nt,n1, 8it.in "i? <@= /ont." o t., -at, o t.i" o0-,0. I t., D, ,n-ant .a" not ",0!,- t., 7ail ti/, at t., ,n- o "i? <@= /ont.", t., Sa1 Co6nt5 S.,0i i" o0-,0,- at .i" 1on!,ni,n1,, to 3i1: 63 D, ,n-ant to ",0!, "ai- 7ail ti/,. 4. D, ,n-ant /a5, at D, ,n-ant9" ,?3,n",, 1o/3l,t, a A8;.o60 Al1o.ol Int,0!,ntion P0o20a/ in li,6 o A8 .o60" o 7ail ti/,. P0oo o 1o/3l,tion /6"t 4, 30o!i-,- to t., Cl,0: o Co60t anCo6nt5 Atto0n,5 8it.in "i? <@= /ont." o to-a59" -at,. In t., ,!,nt t., D, ,n-ant -o," not att,n- t., A8;.o60 Al1o.ol Int,0!,ntion P0o20a/, ., ".all <at .i" o8n ,?3,n",= 1o/3l,t, a 12; .o60 P0i/, o0 Bi , 1o60", o0 "i/ila0 30o20a/ 8it.in "i? <@= /ont." o t.i" -at,. 2. D, ,n-ant i" 3la1,- on 30o4ation to t., Sa1 Co6nt5 P0o4ation O i1,0 o0 a 3,0io- o on, 5,a0, an- -60in2 "61. 30o4ation 3,0io- D, ,n-ant ".all a4i-, 45 all t., t,0/" an- 1on-ition" o t., 30o4ation a" ",t o0t. on t., P0o4ation A20,,/,nt. D, ,n-ant i" O0-,0,- to "i2n a P0o4ation A20,,/,nt 8it.in 72 .o60" o t.i" )6-2/,nt, 8it. t., Sa1 Co6nt5 P0o4ation O i1,0 at t., Sa1 Co6nt5 Co60t.o6",, 100 NW Stat, St0,,t, 2n- Floo0, S6it, (, Sa1 Cit5, Io8a. a. D, ,n-ant ".all o4,5 all Stat,, F,-,0al an- lo1al la8" an- o0-inan1,". No. OWCR012387

OWI # 1"t OFFENSE )UD*+ENT ENTRY

E-FILED 2013 NOV 08 8:34 AM SAC - CLERK OF DISTRICT COURT

4. D, ,n-ant i" O0-,0,- to 0,3o0t an5 n,8 a00,"t" to t., Sa1 Co6nt5 P0o4ation O i1,0 8it.in ",!,n -a5" o t., a00,"t -at,. 1. D, ,n-ant ".all a4"tain 0o/ t., 6", o illi1it -062" an- al1o.ol -60in2 .i" 30o4ationa05 3,0io-. -. D, ,n-ant ".all ti/,l5 3a5 all a/o6nt" o0-,0,- 45 t.i" )6-2/,nt. 3. D, ,n-ant i" O0-,0,- to 3a5 a in, o >1,2&0.00 an- a 3&C "601.a02, in t., a/o6nt o >A37.&0, 3l6" a >10.00 DARE "601.a02, 360"6ant to Io8a Co-, S,1tion (11.2. I D, ,n-ant ".o8" 30oo o .a!in2 o4tain,- a 8o0: 3,0/it, t., in, 8ill 4, 0,-61,- to >@2&.00 an- t., 3&C "601.a02, 8ill 4, 0,-61,- a11o0-in2l5 to >218.7&. A. T., D, ,n-ant ".all 1o/3l5 8it. all 0,1o//,n-ation" ",t o0t. in t., al1o.ol ,!al6ation -at,- September 18, !1" 0o/ Ne# Opp$rt%&'t'e(. &. D, ,n-ant ".all 3a5 1o60t 1o"t" in t., a/o6nt o >100.00.

@. D, ,n-ant ".all :,,3 t., Cl,0: o Co60t an- Sa1 Co6nt5 P0o4ation noti i,- a" to an5 1.an2, in a--0,"" 6ntil all o4li2ation" o t.i" 1a", .a!, 4,,n 1o/3l,t,-. 7. I t., D, ,n-ant9" li1,n", .a" not al0,a-5 4,,n 0,!o:,-, o0 t.i" o ,n",, t., D,3a0t/,nt o T0an"3o0tation ".all 0,!o:, D, ,n-ant9" li1,n", 360"6ant to Io8a Co-, C.a3t,0 321). 8. IT IS FURTHER ORDERED t.at D, ,n-ant ".all 3a5 all a/o6nt" o0-,0,- 45 t.i" )6-2/,nt 45 3a5in2 )*+,!! per m$&t- to t., S./ C$%&t0 C1er2 $3 C$%rt 8it. 3a5/,nt" to 4,2in on t., 1+t- 4.0 $3 t-e m$&t- 3$11$#'&5 t-'( $r4er an- ".all 1ontin6, on t., 1+t- -a5 o ,a1. /ont. 6ntil 3ai- in 6ll. HOWE6ER IF THE ABO6E PA7MENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 8 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME, De3e&4.&t '( .49'(e4 t-.t '3 $&e p.0me&t '( m'((e4, t-e e&t're $b1'5.t'$& be/$me( 'mme4'.te10 4%e, D, ,n-ant .a!in2 a33,a0,- an- ",nt,n1, 4,in2 30ono6n1,-, IT IS FURTHER ORDERED t.at an5 4alan1, o a33,a0an1, 4on- i" 0,l,a",- a t,0 a33li1ation to in,, "601.a02,, 1o60t 1o"t", atto0n,5 ,,", an- 0,"tit6tion. D, ,n-ant i" a-!i",- o t., 0i2.t to a33,al t.i" 76-2/,nt an- ",nt,n1, an- o t., 0i2.t to a33l5 o0 a33oint/,nt o a33,llat, 1o6n",l an- t., 60ni".in2 o a t0an"10i3t i 6na4l, to 3a5 t., a33,al 1o"t". D, ,n-ant i" al"o a-!i",- o t., n,1,""it5 to 1o/3l5 8it. t., "tat6to05 0,D6i0,/,nt" in ilin2 a noti1, o a33,al. Noti1, o A33,al /6"t 4, il,- 8it.in 30 -a5" o t.i" )6-2/,nt. D, ,n-ant9" a33,al 4on- i" i?,- in t., "6/ o >2,@&0.00.

O0i2inal il,-, Co35 to% Co6nt5 Atto0n,5 D, ,n-ant DOT Sa1 Co6nt5 S.,0i

E-FILED 2013 NOV 08 8:34 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012387 ORDER FOR JUDGMENT Case Title STATE VS CHAD H BROTHERSON So Ordered

Electronically signed on 2013-11-08 08:34:13

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