OWCR012787 - Lake View Man Pleads Guilty To OWI 1st Offense PDF

E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:
Agency Case Number: 15-2367
Filed with Court Clerk (cc: CA)
Arrest Date: 03/09/2015
Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile
THE STATE OF IOWA

VS.
OFFENDER
Last
First
Middle
BAUMHOVER
ERIC
MICHAEL
Suffix
Address
City
State
Zip Code
3497 VOSS AVE
LAKE VIEW
IA
51450-0000
Date of Birth
Gender
Race
Ethnicity
2/2/1989
MALE
WHITE - W
NOT OF HISPANIC ORIGIN - N
Weight
Eye Color
Hair Color
BLUE - BLU
BROWN - BRO
State
Height
IA
5' 11"
OFFENSE
State Local
Code Section
Crime Description
Class
321J.2(2)(A)
OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
SRMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
WADSLEY AVE AND 335TH ST

Address
City
State
0000
LAKE VIEW
IA
Is Date and Time of Incident Known?
Incident Date or Low Range
YES
03/09/2015
Upper Date Range
Incident Time or Low Range
Zip Code
52450
Upper Time Range
23:00
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY
WARRANT REQUESTED
CUSTODY
SUMMONS TO APPEAR
1 - JAILED
(Citation Issued)
NO CONTACT ORDER
RELEASED TO
REQUESTED
PARENT/GUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
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
VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last
First
Middle
Suffix
Business/Organization/State/County/Municipality Name
STATE OF IOWA
Address
City
State
Zip
AFFIDAVIT
STATE OF IOWA,
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 my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On March 9, 2015 at approximately 11:00 PM, the defendant was operating a black 2007 Chevrolet 2500 at 335th and Xavier Ave. The defendant was
asleep at the wheel with his foot on the brake in the middle of the intersection. Officer tapped on the window and the
Printed At
SAC COUNTY SHERIFF'S OFFICE
3/10/2015
8:02 AM
Page 1
of 2
Form #:
15-2367
defendant awoke and pulled his foot off the brake and drove into the south ditch at the "T" intersection. Defendant exited the vehicle and had poor
balance. Defendant smelled strongly of consumed alcoholic beverage and his eyes were watery and bloodshot. Defendant consented to Standardized
Field Sobriety Tests. The defendant's eyes displayed a lack of smooth pursuit, a sustained and distinct nystagmus at 45 degrees and prior to 45
degrees in both eyes. Defendant performed poorly on the psychophysical tests. The defendant consented to a PBT test and the results were well in
excess of the legal limit. The defendant was read the Implied Consent form and consented to a breath specimen by checking the consent box and
signing the form. Defendant Datamaster test results were .268 bac.
HATTERMAN, JOHN
81-6
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE

Defendant Implicated
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS
Operating Motor Vehicle in County
Other Physical Evidence
Attempted To Inflict Injury
Sac - 81
OWI
OWI
02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 08 - BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND
BAC on Datamaster
DCI Lab Screen Positive for Drugs
.268%
Field Sobriety Tests Refused
Number of Offense
1 - FIRST OFFENSE
STATE OF IOWA,
SAC COUNTY
Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on
Printed At
Notary Name
JENNIFER SCHRAMM
Commission Number
786083
My Commission Expires
09/11/2017
SAC COUNTY SHERIFF'S OFFICE
03/10/2015
Signature of Verifying Party
Peace Officer
3/10/2015
8:02 AM
Page 2
of 2
Notary
Form #:
Prosecuting Attorney
15-2367
E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012787
vs.
ERIC M BAUMHOVER ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 and
first offense operating while intoxicated which carries a minimum fine of $1250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of confiction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operators license for a period of 180 and you cannot qualify
for a work permit for 0 days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
1 of 4
MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
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 in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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Preliminary Hearing is scheduled on 03/30/2015 at 10:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. in the magistrate courtroom.
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.
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
Defendant
Sac County Sheriff
The Court has provided a copy to the Defendant
3 of 4
State of Iowa Courts

Case Number
OWCR012787
Type:
Case Title
STATE OF IOWA VS BAUMHOVER, ERIC M
HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2015-03-10 12:39:29
4 of 4
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
v.
CRIMINAL NO.: OWCR012787
:
:
ERIC BAUMHOVER,
Defendant.
:
:
APPEARANCE; PLEA;
WAIVER OF PRELIMINARY
HEARING; AND REQUEST
TO CONSOLIDATE
COMES NOW attorney, Scott A. Michels, and hereby enters his

Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.
Respectfully Submitted,
GOURLEY, REHKEMPER &
LINDHOLM, P.L.C.
_________________________________
By: Scott A. Michels AT0009342
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Phone: (515) 226-0500
Fax: (515) 244-2914
samichels@grllaw.com
ATTORNEY FOR DEFENDANT
ORIGINAL FILED.
Copy to:
Sac County Attorney
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause to each of the attorneys
of record herein at their respective addresses disclosed on the
pleadings on
March 19, 2015 .
By:
U.S. Mail
Hand Delivered
Certified Mail
E-Filed by: Leilani Belisario
FAX
Overnight Courier
X Other

STATE OF IOWA,
Plaintiff,
v.
:
:
ERIC BAUMHOVER,
Defendant.
:
:
APPEARANCE; PLEA;
WAIVER OF PRELIMINARY
HEARING; AND REQUEST
TO CONSOLIDATE
COMES NOW attorney, Scott A. Michels, and hereby enters his

Appearance for the Defendant in the above captioned case. The Defendant pleads
NOT GUILTY and waives Preliminary Hearing. Defendant further requests that
any companion citations and/or misdemeanors be consolidated and that an
arraignment date be set.
LINDHOLM, P.L.C.
_________________________________
Phone: (515) 226-0500
Fax: (515) 244-2914
ORIGINAL FILED.
Copy to:
Sac County Attorney
pleadings on
March 19, 2015 .
By:
U.S. Mail
Hand Delivered
Certified Mail
FAX
Overnight Courier
X Other
E-FILED 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
ERIC M BAUMHOVER ,
Defendant.
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 is
scheduled on 04/29/2015 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 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
Case Number
OWCR012787
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012787
Plaintiff,
vs.
TRIAL INFORMATION
ERIC MICHAEL BAUMHOVER,
DOB: 02/02/1989,
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, Eric Michael
Baumhover 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, Eric Michael Baumhover, on or about March 9, 2015 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
Email: attorney@saccounty.org
THE STATE OF IOWA vs. ERIC MICHAEL BAUMHOVER

Criminal No. OWCR012787
COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
JOHN HATTERMAN, 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

Type:
Approval of Trial Information
Case Number
OWCR012787
Case Title
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
page 3 of 3
E-FILED 2015 APR 27 2:38 PM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
ERIC M BAUMHOVER ,

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on April 27, 2015.
The defendant WAIVES the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/03/2015 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 06/09/2015 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

Case Number
OWCR012787
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2015 JUN 01 8:41 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
:
:
ERIC BAUMHOVER,
Defendant.
NOTICE OF INTENT TO FILE

WRITTEN GUILTY PLEA
COMES NOW Defendant, Eric Baumhover, through his attorney, Scott A.

Michels, and hereby notifies the Court that he intends to file a Written Guilty Plea.
Pretrial Conference is currently set for June 3, 2015 at 9:30 a.m. Defendant
requests that the Pretrial Conference be cancelled and that a Plea Hearing be set.
Defendant requests the Plea Hearing be set out at least two weeks.
LINDHOLM, P.L.C.
_________________________________
Phone: (515) 226-0500
Fax: (515) 244-2914
ORIGINAL FILED.
Copy to:
Sac County Attorney
pleadings on
June 1, 2015.
By:
U.S. Mail
Hand Delivered
Certified Mail
FAX
Overnight Courier
X Other
STATE OF IOWA,
02811 OWCR012787
Plaintiff,
vs.
ORDER
ERIC M BAUMHOVER ,
Defendant.
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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 06/17/2015 at 9:30 AM
at 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 arrest
being issued.
1 of 2

Case Number
OWCR012787
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 JUN 03 2:47 PM SAC - CLERK OF DISTRICT COURT

No. OWCR012787

STATE OF IOWA,
Plaintiff,

REPORT OF PRETRIAL CONFERENCE
v.
ERIC MICHAEL BAUMHOVER,
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith, and
represents the following to the Court:
The parties conducted a Pretrial Conference as ordered. The State of Iowa
appeared by the Sac County Attorney, Ben Smith. The Defendant appeared through
his attorney, Scott Michels. 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 one. The State has agreed to
recommend that defendant receive a 30-day jail sentence with all but 2 days
suspended, that defendant pay the minimum fine, and that defendant be placed on
informal probation.
Defendant intends to waive presence at sentencing and waive time between
plea and sentencing.

STATE OF IOWA

___________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
STATE OF IOWA,
02811 OWCR012787
Plaintiff,
vs.
ORDER
ERIC M BAUMHOVER ,
Defendant.
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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 07/01/2015 at 9:30 AM
at 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 arrest
being issued.
1 of 2

Case Number
OWCR012787
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
OWCR012787
Plaintiff,
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER
v.
ERIC M. BAUMHOVER,
Defendant.
CHARGE:
Operating While Intoxicated, First Offense, a serious misdemeanor,

in violation of Iowa Code 321J.2
Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action.
However, since no personal or property injury resulted from

Defendants actions, $625.00 of the fine and $218.75 of the
surcharge shall be waived upon Defendants filing of proof, at the
end of the minimum period of ineligibility, of a temporary restricted
license issued to Defendant pursuant to Iowa Code Section
321J.20.
Defendant shall pay all financial obligations to the Clerk of Court of
this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.
Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by August 18, 2015.
Defendant may participate in a 48-hour Weekend Alcohol Program

and receive credit towards 48 hours of the jail sentence. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;
c.
As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of

the following terms of probation:
(1)
Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;
(2)
Defendant shall obey all laws;
(3)
Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and
(4)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;
d.
Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and
e.
Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

Type:
OTHER ORDER
Case Number
OWCR012787
Case Title
So Ordered
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OWCR012787 - Lake View Man Pleads Guilty To OWI 1st Offense PDF

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OWCR012787 - Lake View Man Pleads Guilty To OWI 1st Offense PDF

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E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Agency Case Number: 15-2367

Filed with Court Clerk (cc: CA)

Arrest Date: 03/09/2015

Submitted to County Attorney

THE STATE OF IOWA

3497 VOSS AVE

NOT OF HISPANIC ORIGIN - N

OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

WADSLEY AVE AND 335TH ST

Is Date and Time of Incident Known?

Incident Date or Low Range

Upper Date Range

Incident Time or Low Range

operate a motor vehicle by one or more of the following means:

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY SHERIFF'S OFFICE

E-FILED 2015 MAR 10 8:01 AM SAC - CLERK OF DISTRICT COURT

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Operating Motor Vehicle in County

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY SHERIFF'S OFFICE

Signature of Verifying Party

E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:

E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 03/30/2015 at 10:00 AM at the Sac Co. Courthouse,

E-FILED 2015 MAR 10 12:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-03-10 12:39:29

E-FILED 2015 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

CRIMINAL NO.: OWCR012787

COMES NOW attorney, Scott A. Michels, and hereby enters his

E-Filed by: Leilani Belisario

E-FILED 2015 MAR 19 9:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

CRIMINAL NO.: OWCR012787

COMES NOW attorney, Scott A. Michels, and hereby enters his

E-Filed by: Leilani Belisario

E-FILED 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 OWCR012787

Clerk to provide notice or copies to:

E-FILED 2015 APR 16 9:12 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2015-04-16 09:13:28

E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ERIC MICHAEL BAUMHOVER

E-FILED 2015 APR 16 9:13 AM SAC - CLERK OF DISTRICT COURT