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E-FILED 2014 JAN 18 4:24 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 18 4:24 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 21 9:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 27 3:40 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012485 vs. STEPHANIE MICHELLE DUITSMAN , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE Defendant is eligible for a deferred judgment. 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 You will lose your license for a minimum of 180 days and cannot obtain a work permit for 0 days.
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E-FILED 2014 JAN 27 3:40 PM SAC - CLERK OF DISTRICT COURT

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 02/17/2014 at 10:00 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

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E-FILED 2014 JAN 27 3:40 PM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

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E-FILED 2014 JAN 27 3:40 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012485 Type: Case Title STATE VS STEPHANIE M DUITSMAN HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2014-01-27 15:41:43

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DISTRICT COUNT OF IOWA SAC COUNTY

IOWA DISTRICT COURT FOR SAC COUNTY cr*


STATE OF IOWA, PLAINTIFF VS. S t e p h a n i e M i c h e l l e Duifcftman, , DEFENDANT

F I L E 0

i
) ) ) ) NO.

20m FEB - 5 PM 3 : 0 !
OWCRO12485

APPLICATION TO WAIVE ATTORNEY AND PROCEED (PRO SE)

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 Q./^

E-FILED 2014 FEB 07 9:00 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. STEPHANIE MICHELLE DUITSMAN, DOB: 07/06/1990, Defendant. CRIMINAL CAUSE NO. OWCR012485 TRIAL INFORMATION

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, Stephanie Michelle Duitsman 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, Stephanie Michelle Duitsman, on or about January 18, 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 /s/Benjamin John Smith 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

E-FILED 2014 FEB 07 9:00 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST THE STATE OF IOWA vs. STEPHANIE MICHELLE DUITSMAN Criminal No. OWCR012485 COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES: JOHN MEISTER, OFFICER, LAKE VIEW POLICE DEPARTMENT KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY

E-FILED 2014 FEB 07 9:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012485 Approval of Trial Information Case Title STATE VS STEPHANIE M DUITSMAN

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 2014-02-07 09:00:57

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E-FILED 2014 FEB 07 9:00 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs STEPHANIE MICHELLE DUITSMAN ,

Case No: 02811 OWCR012485 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

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 Hearing is scheduled on 02/19/2014 at 11:00 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

State of Iowa Courts Type: Case Number OWCR012485 ORDER FOR ARRAIGNMENT Case Title STATE VS STEPHANIE M DUITSMAN So Ordered

Electronically signed on 2014-02-07 09:00:58

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E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 24 3:14 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plain i!!, %&. STEPHANIE MICHE""E DUITSMAN, D*!*n0an . ) ) ) ) ) ) ) ) )

CRIM. NO. OWCR012485 DEFERRA" OF #UD$MENT C'a()* + O,*(a in) W'il* In -.i/a *0, Fi(& O!!*n&*, a S*(i-1& Mi&0*2*an-( S*/ i-n + 321#.2

N-4, -n '* 21& 0a5 -! F*6(1a(5, 2014, '* D*!*n0an &162i & '*( %*(i!i*0 4(i *n Pl*a -! $1il 5. T'* D*!*n0an i& /'a()*0 4i ' O,*(a in) W'il* In -.i/a *0, Fi(& O!!*n&*, in %i-la i-n -! S*/ i-n 321#.2, -! '* I-4a C-0*. T'* S a * a,,*a(& 65 Sa/ C-1n 5 A -(n*5 7*n S2i '. T'* D*!*n0an 4ai%*& '*( ,*(&-nal a,,*a(an/*. T'* 4(i *n ,l*a -! )1il 5 &'-4& 'a '* D*!*n0an 8& ,l*a i& %-l1n a(5, 6*in) !(**l5 an0 in *lli)*n l5 2a0*, 4i ' an 1n0*(& an0in) -! '* /'a()*, 4i ' 9n-4l*0)* -! '* ,*nal /-n&*:1*n/*& -! '* ,l*a, 4i ' !1ll 9n-4l*0)* -! '*( /-n& i 1 i-nal (i)' &, an0 'a &ai0 (i)' & a(* 4ai%*0 65 a ,l*a -! )1il 5, 4i '-1 an5 '(*a &, i2,(-,*( in01/*2*n & -( ,*(&1a&i-n, an0 '* C-1( !in0& '*(* i& a !a/ 1al 6a&i& !-( '* D*!*n0an 8& ,l*a -! )1il 5. T'* 4(i *n ,l*a in0i/a *& '* D*!*n0an 8& in!-(2*0 1n0*(& an0in) -! '*( (i)' & /-n *2,la *0 in '* /a&*& -! S a * %. Si&/-, 1;< N.W.20 542= 7(aina(0 %. S a *, 222 N.W.20 >11= an0, S a * %. R*a%*&, 254 N.W.20 488, all a& &'-4n in '* D*!*n0an 8& 4(i *n ,l*a -! )1il 5, 4'i/' ,l*a i& 2a0* a ,a( '*(*-! 65 'i& (*!*(*n/*. T'* C-1( , '*(*!-(*, a//*, & '* D*!*n0an 8& ,l*a -! )1il 5, an0 i i& *n *(*0 -! (*/-(0. T'* D*!*n0an in0i/a *& '*( 1n0*(& an0in) -! '*( (i)' - a00i i-nal i2* an0 '* (i)' - !il* a M- i-n in A((*& -! #10)2*n an0 '* n*/*&&i 5 -! 0-in) &- a l*a& !i%* 0a5& ,(i-( - '* 0a * &* !-( &*n *n/in) an0 in0i/a *& '*( 0*&i(* - ,(-/**0 i22*0ia *l5 - &*n *n/in). T'* C-1( , !in0in) '* D*!*n0an 8& 4ai%*(& a(* %-l1n a(5 an0 2a0* 4i ' an 1n0*(& an0in) -! '*( (i)' &, a//*, & '* 4ai%*(& an0 ,(-/**0& - *n (5 -! ?10)2*n . T'* D*!*n0an 8& /-1n&*l in0i/a *& '* 9n-4& -! n- l*)al /a1&* 4'5 ?10)2*n an0 &*n *n/* &'-1l0 n- 6* ,(-n-1n/*0. I i& '* -(0*( -! 'i& C-1( 'a ?10)2*n i& 0*!*((*0, ,1(&1an - C'a, *( <0>, I-4a C-0*. D*!*n0an i& ,la/*0 1,-n ,(-6a i-n - '* Sa/ C-1n 5 P(-6a i-n O!!i/* !-( a *(2 -! -n* 5*a(.

E-FILED 2014 FEB 24 3:14 PM SAC - CLERK OF DISTRICT COURT

C-n0i i-n& -! ,(-6a i-n a(* a& !-ll-4&@ 1. D*!*n0an &'all (*,-( - '* Sa/ C-1n 5 P(-6a i-n O!!i/* 4i 'in > 0a5& -!

-0a5A& 0a * - &i)n 1, !-( ,(-6a i-n &1,*(%i&i-n. 2. D*!*n0an &'all ,a5 a /i%il ,*nal 5 in '* &12 -! B1,250.00, a B10 DARE

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/-2,l* i-n !il*0 4i ' '* Cl*(9 -! C-1( 4i 'in -n* 5*a( -! -0a5A& 0a *. >. D*!*n0an &'all -6 ain a &16& an/* a61&* *%al1a i-n an0 !-ll-4 '(-1)' 4i '

an5 (*/-22*n0a i-n& !-( (*a 2*n . T'* (*a&-n& !-( 'i& &*n *n/* in/l10* '* !-ll-4in)@ D*!*n0an A& a)*= ,(i-( /(i2inal 'i& -(5= a i 10* -4a(0 (*'a6ili a i-n= !a/ & an0 /i(/12& an/*& -! 'i& /a&*= !a2il5 an0 *2,l-52*n /i(/12& an/*&= n**0 !-( ,(- */ i-n -! '* /-221ni 5 an0 0* *((*n i2,a/ 1,-n D*!*n0an an0 - '*(& &i2ila(l5 &i 1a *0.

Any bond money previously posted is released and exonerated.


#10)2*n 'a%in) 6**n 0*!*((*0, a,,*al (i)' & a(* n- a,,(-,(ia *.

COPIES TO@ C-1n 5 A -(n*5 D*!*n0an

E-FILED 2014 FEB 24 3:14 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012485 OTHER ORDER Case Title STATE VS STEPHANIE M DUITSMAN So Ordered

Electronically signed on 2014-02-24 15:14:20

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E-FILED 2014 FEB 25 8:35 AM SAC - CLERK OF DISTRICT COURT

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