Sac City Man Pleads Guilty To OWI 1st Offense

Complaint Item #: 14-0031
STATE OF IOWA, COUNTY OF SAC

STATE OF IOWA
Vs.
Herbert Richard Mahler
Before (J udge, Magistrate) _
Criminal Case No. _
Defendant
Address 406 South 9
th
Street Complaint
Sac City, Iowa 50583
Date of Birth 08/29/1954
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 ~ day of April, 2014, at the
Intersection of io" & Main Street, Sac City, Iowa in Sac County, did:
defendant operate a motor vehicle while intoxicated.
(State acts or omissions constituting offense) Dated 5J ~o,t..J
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 Herbert Richard Mahler the defendant committed the crime charged.
,
On Saturday, April 05, 2014 at approximately 1900 hours, I arrived on the scene of an accident at 10
th
& Main Street in Sac City. While
speaking wifh the driver of the vehicle at fault, I could smell an odor of an intoxicating beverage coming off his person and his eyes
were red .and watery. I asked if he had consumed any alcoholic beverages and he stated that he had. He admitted to operating the
vehicle that rear-ended the other causing the accident. After unsuccessfully completing a series of standard field sobriety tests, I asked
Mahler to consent to a preliminary breath test. He did and the result was above that legally allowed by the State of Iowa when operating
a motor vehicle. I placed him under arrest and transported him to the Sac County Law Enforcement Center where I read him the Iowa
Implied Consent Advisory and asked for a sample of his breath. He consented and the result of the test was 0.108 BAC. Mahler was
charged with Operating While Intoxicated (1
st
Offense) and jailed. '
-
__ 11- < 6 ".J L -)
I Signature
Subscribed and sworn to before me by the said
the ..5'" day of o.pe~R , 20 d.
Complaint and affidavit fi!e,~and probable cause found that the defendant committed the offense charged.
MARIL YN MAHL ER
Commission Number 749272
My Commission Expjres
October 4. 20LU>
Magistrate
E-FILED 2014 APR 05 8:53 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 APR 07 10:37 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )
)
PLAINTIFF ) Crim No.OWCR012529
)
Vs. ) Appearance and Waiver of
) Preliminary Hear
HERBERT RICHARD MAHLER )
)
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 11 11:09 AM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012529
Plaintiff,
vs.
TRIAL INFORMATION
HERBERT RICHARD MAHLER,
DOB: 08/29/1954
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, Herbert Richard
Mahler 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, Herbert Richard Mahler, on or about April 5, 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
Email: attorney@saccounty.org
2
THE STATE OF IOWA vs. HERBERT RICHARD MAHLER
Criminal No. OWCR012529
COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT
BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT
PHYLLIS RICHARDSON, RETIRED
TWYLA KING, RETIRED
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012529 STATE VS HERBERT RICHARD MAHLER
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 2014-04-28 16:18:23 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

HERBERT R MAHLER ,

Defendant.

Case No: 02811 OWCR012529

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 05/07/2014 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 DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

HERBERT R MAHLER ,
Defendant.


INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
Defendant appears by attorney Charles Schulte. Defendant's release is subject to the terms set forth
below. He must obtain the substance abuse evaluation and provide it to the court 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 or more than $1,875 plus 35%25 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
E-FILED 2014 MAY 05 10:48 AM 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 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
The Court has provided a copy to the Defendant
Defendant
2 of 4
Sac County Sheriff
3 of 4
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-05-05 10:48:55
4 of 4
IN THE IOWA DISRICT COURT FOR SAC COUNTY
STATE OF IOWA.
CRI MI NAL NO OWCRO12529
WRITTEN ARRAIGNMENl"
PLEA OF NOT GTj I LTY
HERBERT RICHARD MAHLER
Defendant
Date I' rial lnformation filed: 04/28/14
COMES NOW the De1-endant in tl.re above-captioned criminal case and undcr oath states:
l. I am represcnted by Attorney 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. My cuner.rt mailing and residence address and phone number are' 106 S. 9' l' St . Sac
Ci t y. I A 50583. My phone number i s: 712-662-7321. My dat c ol bi rt h i s 08-29-1954. I
can read and understand the English language and have completed the fbllor' ving levcl of
education: 12 Years.
4. I have becn advised by my attorncy and understand that I have a right to anaignment
in open Court, and I voluntarily rvaive that right. choosing instead to sign this Written
Arraignn.rcnt and Plea ofNot Guilty. I understand that times for lurther procccdings
which are computed liom the date of anaignment ivill be computed from the date of
liling this Written Arraignmcnt and Plea of Not Guilty.
5. I have received a copy of the' frial Infbrmation which charges me rvith the crime of
COUNT I : OPERATI NG WHI LE I NTOXI CATED I S' OFFENSE i N Vi OI At i ON Of
I owa Code Scct i on 321J. 2.
6. With regard to the name by rvhich I am charged in thc Trial Information
(eithcr check
"a" or check and completc "b"):
\ . /
1),(a.
The namc on the Trial Infbrmation is my true name. I have been advised
and unlerstltrd thar I am nou precluded from objecting to the Trial Information upon the
ground that I am improperly namcd.
(
)b. The name shown on the' frial Information is not my true name. My true
name is. I request that an entry be made in the n.rinutes showing my true name. I have
been advised and understand fi.rrthcr proceedings will be had against me by that name,
thc Trial lnlbrmation will be amended accordingly, and when the Trial Intbrmation is so
anrended. I will bc precludcd from objecling upon the grounds I am impropcrly named
7. I have been advised and understand that I may plead guilty. not guilty or fbrmer
conviction or acquittal.
8. For the purpose ofthis arraignment. I have had sufficient time to discuss my case with
my attorney. and I waive any turther time in r' vhich to enter a plca.
9. I plead NOT GUILTY to the charges in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 2.33(2)(b) of the
lov,o Rules of
(.' riminul
Procedure lo a trial within r.rinety days/onc ycar after the filing of
the t' rial Information and
(check either "a" or "b"):
1 l. I requcsl that a trial
Procedure. My attorney
Ti me.
ffi.
t,t.rn"na speedl trial pursuant to Rule 2.33(2)(b) and
(c).
(
)
b. I waive my right to a speed-v trial pursr"rant to Rule 2.33(2)(b) and (c).
date be set pursuant to Rule 8.1 of the 1ol' n Rules o.l' Criminul
and I ll' ill be available for trial on the lb)lowing days: Any
Original to bc filed with Clerk of Court
Copy provided to:
Countv Attorney
Attorney for De1'endant
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.

HERBERT R MAHLER ,

Defendant.


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

The defendant having filed a written arraignment in this matter on May 6, 2014.

The defendant DEMANDS the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/18/2014 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 06/24/2014 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
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case No. OWCR012529
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On June 18, 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 through 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: (1) If
Defendant pleads guilty to Count 1 and (2) pay all minimum fines, costs, and
fees, the State agrees to (3) recommend that Defendant receive a deferred
judgment, and (4) dismiss companion simple misdemeanor STA0020174.
Defendant intends to submit a written guilty plea by July 14, 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
E-FILED 2014 JUN 20 8:14 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.

HERBERT R MAHLER ,

Defendant.

02811 OWCR012529

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 07/16/2014 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
Type: OTHER ORDER
So Ordered
2 of 2
STATE OF IOWA,
vs,
Plaintiff
HERBERT R]CHAR-D N,I AHLER.
DOB: 08/29ll9s;l
Delendant
COUNT I
l, the undersigned Defendant. have carefully read and fully understand the follorving:
I am charged rvith OPERATING A I\,|OI' OR \..EHICLE WHILE INTOXICA' IED
_
lS.I.
OFFENSE, in violation of lorva clode Section 3211.2, a Serious Misder.neanor, and I hereby
request that nry plea of guilty to the charge be entered of record.
A. The tnaximurr punislment for a Serious Misdemeanor is imprisomnent of not more than one
year in
jail
and a mandatory fine ofnot more than $1,250.00, plus statutory surcharges, plus
coud costs and all costs and fees incured for legal assistance which is immediately due on the
date of sentencirg. I realize that, if there was no personal or property iljury, and I present to
the cou( a temporary restricted license. the court may rvaive up to $625 ofthe fine and the
related statutory surcharge. I acknowledge that, the Couft may order nte to perfonn
community service work, if the Court is of the opilion that con'munity servioe u,ork wiil deter
and discourage others from similar crirninal activity. The community service must be done lor
a goverrunental
or non-profit agency, (The rate at which community service shall bc
calculated against my fine shall be the lederal ninimum nage.) In addition, I may be required
to pay correctional fees for incarceration and enrollment fees for probation. I am a$,are that
sentencrng options may include defemal ofJudgmenl and Sentence, the grant ofprobation and
the suspension of the sentence imposed.
.
There is a rninirnum penalty
of imprisonment in
jail
lor 48 hours, rvhich r.nust be imposed
unless I ant eligible for a deferrcd
judgment,
or deferred sentence.
.
The Courl must order me to attend a course for drinking drivers.
o
The Court must order me to undergo a substancc abuse evaluation and to lollorv the
recommendations-
o
The Court may order me to participate in a reality education substance abuse preventron
progranl.
o
The court may order restitution to any victim of my oflense. ln addition, the court nay
order restitution up to $500 each to any public agency (fre-lighting,
law enforcement,
ambulance, medical or any other emergency services), rvhich responded as a result of my
violation.
No. OWCROl 2529
GTIIL' I' Y PLEA
SERI OUS MI SDEN, I EANOR
-
OWI
.
Unless the Departmcnt of Transportation has already revoked my license or drivurg
privileges, I understand my license or driving privileges rvill be revoked a minimum of 180
days.
o
I understand that there can be no deferal ofjudgment or sentence or suspension ofany
mandatory minimum sentence of ilcarceration and no suspension of any otber paft of nry
sentence not urvolving incarceration i1l
e
I t est ed over . l 5o%: or
.
I refused an implied consent test; or
.
I have been convicted of OWI or received a deler:red iudsment or sentence fbr
OWI ur Iowa or any other state: or
o
lf another person was injured by this OWI oflense .
.
I understand that there can be no reduction ofmy lure and the related statutory surcharge
unless:
.
The Court finds that there has been no personal injury as a result ofmy actions,
and
.
The Court finds that tlrere has been no property damage as a result ofmy actions.
and
o
I present a temporary restricted licensc rvithir the tirne ordered by the Clourt.
.
I understand I must complete a substance abuse evaluation at my own expense before I
can be sentenced. I rvill provide thc evaluation to the Clourt before I am sentenced.
B. I understand that a crirninal conviction, deferred
judgnrent
or deferred sentence nuy affect my
status under federal ir.nIligration laws.
C. lf I plead not guilty. I nould be entitled to the lbllowing rights. I give up these rights by
pleadrng guilty:
(1). The right to a speedy and public lrial by a
jury
oftrvelve people.
(2). The right to have ar' r attorney represent me at trjal and, ilthe Court found I rvas unable to
afford an attorney, the Courl rvould, at public expense, appolrt an attorne) to represent lr' re.
(3). At trial, I u' ould be presumed imrocent until such tir.ne, if ever, thc State established my
guilt beyond a reasonable doubt.
(4). At trial. a
juryverdict
of guilty would have to be unarumous.
(5). At trial, I rvould have the privilege against self-incrirnination, that is, I cannot be forced to
testily. and if I choose not to testif,,, the State nuy not conrment on the fact of rn1, failure to
testiS and, at my request, I rvould be entitled to a
jury
irstruction stating that the
jury
could
not inler guilt liom my lailure to testi!.
(6). At trial, the State uould have to conliont me rvith witnesses upon whose testinrony it
relied to obtain conviction, and I would have the right to cross exarnile those witnesses.
(7). At trial, I would be entitled to present witnesses to testi0/ on my behalf and to
compulsory process to secure those witnesses.
D. By pleading guilty, there rvill not be a trial of any kind. By pleading guilty. I waive my right to
trial, and u,ill be treated as if I had been tried and found guilty by a
jury.
E, The Court, in detenninhg rvhether there is a factual basis fbr this plea of guilty, may make
such a determination by cxarnining the Minutes of Teslimonv attached to the Trial
lnfonnation, by revieu,ing the investigativc reports of larv enforcement agents who have
investigated thc offense, or by asking rne or counsel 1o rccite and suurrarizc the material I' acts
that rvould be offered at tria[.
]' he Court has the discrction to accept or reject any plea agreement nlade between the State
and myseli The plea agreement is: I will
plead
to Count I: ODerating a Motor Vehicle
While lntoxicated. l' r Offense. The Count), Attornev will recommend a Defened Judgment. I
rvill follow the recor.mnendation of the Substance Abuse Evaluation. rvhich was no treatment
other than the 12 hour Prirne for Life course. I rvill be
placed
on infomal
plqba1iqrtllQ
l!!9
Sac Countv Probation Officer for a period of one year from the Judgment date. I will pa)'
a
Civil Penaltlv to the Slate Court Administrator. through the Clerk of Court. in the ar.nount of
$1.250.00 and coud costs: to be
paid
as set out in the Probation Agreement. If I obtain a
12-hour Prin.re for Life coursc or similar
prograrn
within six (6) months of tl.ris date. Pursuant
to the
plea
agreernent. the County Attome)' will reconmend dismissal of citation
#STA0020174. I understand n-ry license or driving
privileges
will be
for this offense.
This plea agrecment includes that I will be responsible to pay court costs, pay nent of all
costs and fees incurred for legal assistance, victim restitution, corection
[ail)
fee for any
jail
tirne and all surcharges and nnndatory punishments (see paragraph B) applicable to rny case.
I now state to the Coun that I am, in fact GUILTY and that no lhreats or pron' lises have been
made to induce rne to enter my plea of guilty. I have been in{bmed that the eler.nents of the
crime are: that I operated a motor vehicle (l) rrhile under the influence of an alcoholic
bcverage or other drug or a combination of such substances; or
(2) rvhilc having an
alcohol concentration of .08 or more; or (3) rvhilc anY amount of a controlled substance
is present in my person as measured in m-v blood or urine. I understand the nature of
the charge against me.
This offense was comr.nitted by me rn Sac County Iorva by my doing the lol)owing: I did on
alcohol and was intoxicated at the time rvhen I rvas driving and did have a blood alcohol
concent rat i on of . 108
(BAC).
I hereby state that I submit this rvritten plea of guilty u' ith full knowledge and waiver ofmy rights
and I do so lreely and voluntarily. No threats have been rrade against me to obtain this guilty
plea. No pron.ises of leniency or favorable treatment l.tave been n.tade, except lor any plca
agreenrent disclosed to the Court at the time ofthis guilty plea.
G. If the Courl accepts my plea of guilty, I realize:
(l) The Court will sel a sentencing date not less than hlieen days after the date of its
acceptance of this guilty plea unless I rvaive this right. In order to contest this plea of guilty, I
must file a Motion il Arrest of Judgment at least five days prior to sentencing. The right to
F.
file a Motion in Arrest of Judgment rvill be rvaived by having the Court impose a sentence
today.
(2). lfthe Court imposes a sentcnce today, I will never be able to challenge this plea ofguilty.
and I u,ill be giving up rny right to directly appeal my guilty plea.
I ask the Couft to accept this plea of guilty. I waive the preceding rights and Iny right to have
the Court address me personall,..
WAI VER OF MOI ' I ON I N ARREST OF JUDGNI ENT
lftlre Clourt accepts my plea of guilty. I u' ish to be sentenced now. I understand that:
L In order to contcst this plea of guilty, I rnust file a Motion
jr
Arrest of Judgment no later
than 45 days afler a plea ol guilty and no laler than 5 days prior to pronouncenrent o1'
judgrnent.
and that the Court rvill set a sentencing date not less than fifteen days after the
date of its acceptance of this guilty plea unless I rvaive this right, and the right to file a
Motion in Arrcst of Judgn.rent rvill be u,aived by having tlre Court impose a sentence now.
2. By having the Court impose r.lly sentence now, I will ne\er be able to challenge this plea of
guilty and I u,ill be giving up nry right to dileclly appeal rny guilty plea.
I hereby request the Court senlence me norv and I rvaive any time to rvhich I may be entitled
for sentencing at a latel datc.
WAI VER OF RI GHT TO BE PRESENT
I have been fully adviscd that I have a constitutional right to be present at my sentenciilg
and present evidence in my orvn behall I understand that it is my choice to be present or not, and
l l l at no one can excl ude rrre l ronr senl enci ng.
With the above in rnind, and further understanding that nry decision rvhether to be present
or nor i s rn) orrn deci si on. I he| eb1 knouurgl v and rol unt ari l l rvai re t l re ri gl rl t o be presenl i l l nr\
STATE OF IOWA
SAC COLN.JTY
SS
2014 bcl ur c nr c t hc undcr : . i gncd. a Not l r l Puhl i i i n ar r d l or . ar d
,
.t- LYa h I Cy ,
io 1']'ie kno\4,r1 to be $e
i dcnti cal person named i n and \\,ho executed the foregoi ng i nstrument. and acknoul edecd that he executed tl l c
saneorhi ' rorunt anact anddccd
u^/ / -ub
Notary Publ i c i n and for thc State ofl owa
Charles Schulte, Defendant' s Attomey
is^[&T.:,*"'m
My
commisiion-i
rrecember g,
20
I N THE I OWA DI STRI CT COURT FOR SAC COUNTY
THE STATE OF I OWA.
Plaintilf
Vs.
IIERtsERT RICHARD MAHLEI{
l)ef'endant
owcR012529
NOTI CE OF OBTAI NI NG
WORK PIIRMIT
COMES NOW the defendant b,v his Attorne-v-. Charles A. Schultc. and attaches
hereto a copy of his Temporar,v I{estricted License (u' ork pcrmit).
Respcctfully submitted"
/s/ Charlcs A. Schulte
Schulle Law Firm, [. C
421 Mai n St . . P. O. Box 392
Sac Ci 11. I A 505U3
(.712)
662-4715
For m 431009
vryw$nDOT
5$' l Al i Tt R | 5l i l Pl l q I ( i J5T0r \ 1f R DRI V[ N
www,iowadot.qov
n
\-
Herbert Ri chard Mahl er
406 S
gTH
ST
sAc ctTY, rA 505832106
Effecti ve O5-16 2A14 yau may present thi s noti ce at an l owa Dri ver' s l i cense stati on, pass requi fed tests pay a $20
rei nstatement fee, l rcense fees AND be tssued a temporary restri cted l i cense
Your l i aense i s Inval i d After you have been i ssued a temporary restri cted l i cense, you must carry thi s notl ce wi th you at al l
ti mes whi l e dri vi ng
RESTRICTIONS
VALID TO DRIVE FROI\,I RES]DENCE TO AND FRO[,4 AND ]N IHE COURSE OF YOUR EI\4PLOYMENT WITH HOLSTE]N ELECTR C.
206 Y/ 1ST ST. HOLSTEIN. IA VALID WHEN DRIVING FRO]\' RESIDENCE TO AND FRO[4 LOCAT ONS TO PERFORI,4 DUTIES N
THE COURSE OF YOUR SELF EMPLOYIUENT AS A ELECTRITION N,4UST BE ABLE TO VERIFY ALL DRIVING WITH CUSTOMER
LOCATIONS AND PHONE NU| \i l BER NOT VALID FOR OTHER PURPOSES.
l gni ti on i nter ock rs on f l e for the fol l owi ng vehi c es onl y:
YEAR 2005 l t4AKE Chevrol et VIN: 3' 13146
Fi nanctal responstbtl ty (SR22) ts on frl e for owned and non-owned vehrcl es (musl pfovi de Insurance coverage i nformat on
upon request)
you
are requi red to show yo!r SR22 i nsurance i nformati on to the county treasurer when regi stei ng or renew ng your motor
vehi cl e(s) i n l owa
your
TRL rs effecttve through 1 0- 12-2014 Proof of compl etron ofdri nki ng dfi vers school and prooi of comp eti on of
eva uati on and treatment and rehabi l i tati on must be provi ded, f requi red,
pri or to rei nstati ng to
your ful l operati ng
pri v l eges
l f a convi cti on for a movi ng trafi l c vi ol ati on occurs dur ng your probati on peri od your pri vi l ege to operate motor vehi cl es wi I
be suspended for an addi ti onal l i ke peri od of ti me, not to exceed one year
l f your pri vi l ege to operate motor vehi cl es has been wi thdrawn i n another
j uri sdi cti on, you may be requl red to provr.i e
cl earance i nformati on from that Juri sdi cti on.
Drrector Off ce
Offi ce of Dri ver Servi ces
PO Box 9204
|
Des Moi nes, l A 50306-9204
Phone 515-244-9124 800-532-1121
|
Fax: 515-239-1837
https.//mymvd i owadot gov
Cust No. 931333
DL No: 888227825
Date 05-16-2014
USA
406 S
gTH
ST
sAc ct TY. t A 50583
f
\oL
r" 888227825
CN,ss
os/16/2014 e\P
q8f,2v2o19
$
, .,c ' . r.rore
-- i:, $.,r"
?n u' r.
.-
1
ii,, 6ru

1


STATE OF IOWA,

Plaintiff,

v.


Defendant.

OWCR0122!

RECORD OF PLEA OF GUILTY AND
DEFERRED JUDGMENT ORDER

CHARGE(S): 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 - .21/.2

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) 2.7 and 2.10 &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 $*ilt0 t& t%e
a2&ve8#efe#en(ed (%a#$e4)5 i) a((e"ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i) $#anted a defe##ed 9*d$+ent "*#)*ant t& I&,a C&de
Se(ti&n) !01. and !0:...
2. Defendant )%all "a0 all &f t%e f&ll&,in$ finan(ial &2li$ati&n);
4a5 P*#)*ant t& I&,a C&de Se(ti&n) .21/.24.54(5415 and !0:.1<,
Defendant )%all "a0 a (ivil "enalt0 &f =1,20.00. H&,eve#, d*e t&
t%e fa(t t%at n& "e#)&nal &# "#&"e#t0 in9*#0 %a) #e)*lted f#&+
Defendant1) a(ti&n), and t%e Defendant "#e)ent) "#&&f t& t%e C&*#t
t%at Defendant %a) &2tained a te+"&#a#0 #e)t#i(ted li(en)e i))*ed
"*#)*ant t& I&,a C&de Se(ti&n .21/.20 afte# t%e +ini+*+ "e#i&d
&f ineli$i2ilit0, t%e C&*#t ,aive) =>2.00 &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$e) ,it%in .0 da0) &f
t&da01) date, &# n& #e)tit*ti&n )%all 2e &#de#ed. @"&n filin$ &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 10 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$).
E-FILED 2014 JUN 26 12:55 PM SAC - CLERK OF DISTRICT COURT

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# 4At%e P#&2ati&n S*"e#vi)&#B5 f&# a "e#i&d &f &ne 415 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);

415 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$#ee+ent #e6*e)ted 20 t%e P#&2ati&n S*"e#vi)&#.
Telephone con!c "# no #$%%"c"en?

425 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
DefendantC) &,n e'"en)e?


3

45 Defendant )%all en#&ll in and (&+"lete t%e D#in3in$ D#ive#C)
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#C) 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$%t &f t%e #elevant fa(t), in(l*din$ DefendantC) (#i+inal
#e(&#d, &# la(3 t%e#e&f, andD&# 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%&#iEed 20 la,.
:. DefendantC) 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#.
7. IT IS F@RTHER ORDERED t%at (a)e F&). STA00201:< a#e di)+i))ed *"&n
+&ti&n &f t%e (&*nt0 att&#ne0 and "*#)*ant t& "lea a$#ee+ent. C&)t) a#e ta'ed t& t%e
Defendant.

Cle&' Sh!ll F$&n"#h Cop"e# To:
C&*nt0 Att&#ne0
Defen)e C&*n)el
P#&2ati&n S*"e#vi)&#
S*"#e+e C&*#t Ad+ini)t#at&#
I&,a De"a#t+ent &f T#an)"&#tati&n
Type: OTHER ORDER
So Ordered

Sac City Man Pleads Guilty To OWI 1st Offense

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Sac City Man Pleads Guilty To OWI 1st Offense

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Complaint Item #: 14-0031

STATE OF IOWA, COUNTY OF SAC

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