E-FILED 2014 DEC 03 11:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 DEC 03 2:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012714
vs.
MICKAYLA FISCHER ,
Defendant.

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail - Minimum 2 days
Years Prison
And/Or a fine of not less than $1250.00 or more than $1875.00 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.
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E-FILED 2014 DEC 22 9:01 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 01/12/2015 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 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

Sac County Sheriff

3 of 4

E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012714
Type:

Case Title
STATE VS MICKAYLA M FISCHER
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-12-22 09:01:20

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IOWA DISTRICT COURT FOR SAC COUNTY

20NDEC22 AH 9= UQ

STATE OF IOWA,
PLAINTIFF

DISTRICT CO'Jrti" OF IOWA

SAC COUNTY
FILED

NO. nWj&t

IAW

APPLICATION TO WAIVE

vs.

ATTORNEY A N D PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1.

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.

Dated this

Defendant

E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

No. OWCR012714

Plaintiff,
v.

TRIAL INFORMATION

MICKAYLA MARIE FISCHER,

Defendant.

COUNT 1
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, MICKAYLA MARIE FISCHER (Defendant) of the crime of
OPERATING

WHILE

INTOXICATED,

FIRST

OFFENSE,

Serious

Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: On

or about December 2, 2014, in Sac County and State of 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

__________________________
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 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST
ALEXANDER EHLERS, Chief, Schaller Police Department
MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI

E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012714

Case Title
STATE VS MICKAYLA M FISCHER

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 2014-12-24 12:01:26

page 3 of 3

E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012714

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

MICKAYLA FISCHER ,

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 01/07/2015 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

E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012714

Case Title
STATE VS MICKAYLA M FISCHER
So Ordered

Electronically signed on 2014-12-24 12:01:26

page 2 of 2

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
No. OWCR012714
Plaintiff,
vs.
MICKAYLA MARIE FISCHER,

*
*

WRITTEN ARRAIGNMENT
PLEA OF NOT GUILTY
ProSe

Defendant.

CO
i

2
J> I
i

-no
n cr.

re
ro

COMES NOW the Defendant in the above-captioned criminal case and under oath states:
1. I have been informed of my right to be represented by an Attorney, and decline to be
represented by an attorney and I wish to proceed ProSe.
2. My current mailing and residence addresses and telephone number are:
Address:

Telephone: 1 1 3 . - U l S - M
(HQ
31l - ^ 0 ^ ^ ( C - J
3. I can read and understand English language and have completed the following level of
education: H~S |
f C^jT^YHArM^
C a.\.\ ? C| < .
4. I have been advised by the Sac County Attorney and understand that I have a right to
arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this
Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings
which are computed from the date of arraignment will be computed from the date of filing
this Written Arraignment and Plea of Not Guilty.
5. I have received a copy of the Trial Information which charges me with the crime of
OPERATING WHILE INTOXICATED FIRST OFFENSE a Serious Misdemeanor in
violation of Iowa Code Section 321J.2. I have read it and I have familiarized myself with
it contents.
6. With regard to the name by which I am charged in the Trial Information (either check "a"
or check and complete "b"):
(^fa. The name on the Trial Information is my true name. I have been advised and
understand that I am now precluded from objecting to the Trial Information upon the
grounds that I am improperly named.
( ) b. The name shown on the Trial Information is not my true name. My true name
is
. I request that an entry be made in the
minutes showing my true name. I have been advised and understand further
proceedings will be had against me by that true name, the Trial Information will be

amended accordingly, and when the Trial Information is so amended, I will be

precluded from objecting upon the grounds I am improperly named.
7. I have advised and understand that I may plead guilty, not guilty or former conviction or
acquittal.
8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,
and 1 waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge in paragraph 5 above.
10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa
Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the
Trial Information and (check either "a" or "b"):
( vfa. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).
( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).
11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal
Procedure. I will be available for trial on the following days:
.

Defendant^Mickayla Marie Fischer

STATE OF IOWA
SAC COUNTY

)
) SS
)

On this b
day of
bi^j^va,
20 I f before my the undersigned, a Notary
Public in and for said State, personally appeared PO^^k^yU. P\<krle. P i s<-h <=./
>
to me known to be the identical person named in and who executed the foregoing instrument,
and acknowledged that she executed the same of her voluntary act and deed.

Notary Public in and for the State of Iowa

NORMA HECHT
Commission Number 740827
MY COMMISSION EXPIRES

Original e-filed
Copy to be provided to: Defendant

DIST

r-o
1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

r_n
r_
STATE OF IOWA,
No. OWCR012714
W O
J>1
3=
Plaintiff,
- T , 0
1
OCTJ
GUILTY PLEA
SERIOUS MISDEMEANOR - OWI ; O
vs.
L

MICKAYLA MARIE FISCHER,

Defendant.

ro

COUNT I
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 - 1ST
OFFENSE, in violation of Iowa Code Section 321J.2, a Serious Misdemeanor, and I hereby
request that my plea of guilty to the charge be entered of record.
A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one
year injail 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 is approved by the Court within thirty days of
the judgment date. 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.
B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect
my status under federal immigration laws.
C. 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 a jury 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 if 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.
D. 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 a jury.

E. 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 to Count I: Operating a Motor Vehicle
While Intoxicated, 1 Offense. The County Attorney will recommend a Deferred Judgment.
I will follow the recommendation of the Substance Abuse Evaluation, which I have been
ordered by the Court to obtain. I will be placed on probation to the Sac County Probation
Officer for a period of one vear from the Judgment date. I will pay a Civil Penalty, to the
State Court Administrator, in the amount of $1,250.00 and court costs; to be paid as approved
in the Sac County Probation Agreement. If I obtain a temporary restricted license to drive, the
Civil Penalty will be reduced to $625.00. I will complete a 12-hour Prime for Life course or
similar program within three (3) months of this date.
st

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.
F. 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 December 2, 2014 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 .123 (BAC).
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.
G. 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 thanfifteendays 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.

Mickayla Mane Fischer, Defendant

STATE OF IOWA
SAC COUNTY

)
) SS
)

On this P day of I b w M i A h
20 J f before me the undersigned, a Notary Public in
and for said State, personally appeared & fi),ckjxiyk A?/)g fjJcA"/'
to me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that she executed the same of her voluntary act and deed.

Notary Public in and for the Statejji_iuwa-r

S

E-FILED 2015 JAN 07 9:40 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012714
Plaintiff,

v.
MICKAYLA MARIE FISCHER,

RECORD OF PLEA OF GUILTY AND

DEFERRED JUDGMENT ORDER

Defendant.
DATE:

January 7, 2015

CHARGE:

Operating While Intoxicated, First Offense, a serious misdemeanor,

in violation of Iowa Code 321J.2

Defendant has filed a written arraignment and 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 granted a deferred judgment pursuant to Iowa Code
Sections 901.5 and 907.3.
2.
Defendant shall pay all of the following financial obligations:
(a)
Pursuant to Iowa Code Sections 321J.2(3)(c)(1) and 907.14,
Defendant shall pay a civil penalty of $1,250.00. However, due to
the fact that no personal or property injury has resulted from
Defendants actions, if Defendant presents proof to the Court that
Defendant has obtained a temporary restricted license issued
pursuant to Iowa Code Section 321J.20 after the minimum period
of ineligibility, the Court will consider waiving $625.00 of the civil
penalty; and
(b)
Defendant shall pay the court costs of these proceedings.
Defendant shall pay all financial obligations owed to the Clerk of Court of
this county or online at www.iowacourts.gov. All such financial
obligations shall be paid pursuant to a payment plan to be developed by
his probation supervisor.

E-FILED 2015 JAN 07 9:40 AM SAC - CLERK OF DISTRICT COURT

3.
conditions:

Defendant is placed on probation under the following terms and

a.

Defendant is placed on probation to the Sac County Probation

Officer (the Probation Supervisor) for a period of one (1) year
from the date of filing of this Order;

b.

Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems
appropriate. In addition to any terms and conditions imposed by
the Probation Supervisor, the Court specifically imposes all of the
following additional terms and conditions:
(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;

(4)

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;

(5)

Defendant shall enroll in and complete the Drinking Driver's

School sponsored by the community college system. On or
before the 90th 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; and

E-FILED 2015 JAN 07 9:40 AM SAC - CLERK OF DISTRICT COURT

(6)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner.

4.
The Court grants this deferred judgment because it provides for the
rehabilitation of Defendant and for the protection of the community. The Court has
considered the recommendation of the parties with respect to disposition. The terms of
this Order are appropriate in light of the relevant facts, including Defendant's criminal
record, or lack thereof, and/or the circumstances of the case.
5.
Due to the fact that judgment has been deferred, appeal rights do not
apply.
6.
Defendant is advised that, in the event Defendant does not fulfill the
conditions of probation, in addition to potential contempt of court sanctions, the Court
may revoke Defendants probation and impose any sentence authorized by law.
7.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
8.
IT IS FURTHER ORDERED that Case No. STA0022109 is dismissed upon
motion of the county attorney and pursuant to plea agreement. Costs are taxed to the
Defendant.

Clerk Shall Furnish Copies To:

County Attorney
Defendant
Probation Supervisor
Iowa Department of Transportation

E-FILED 2015 JAN 07 9:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012714

Case Title
STATE VS MICKAYLA M FISCHER
So Ordered

Electronically signed on 2015-01-07 09:40:29

page 4 of 4

E-FILED 2015 JAN 09 12:14 PM SAC - CLERK OF DISTRICT COURT