Guilty Plea OWI 1st by e0RncUCs

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									         IN THE IOWA DISTRICT COURT IN AND FOR BUENA VISTA COUNTY

STATE OF IOWA,                                                           No.
                        Plaintiff,

v.                                                                 GUILTY PLEA

,                                                                 OWI 1st Offense
                        Defendant.


COMES NOW the defendant and states to the Court:

       1. My attorney has answered my questions, advised me of my constitutional and
statutory rights and I have authorized my attorney to act in my behalf. I am satisfied with
the services provided to me by my attorney.

      2. I have told my attorney all the acts and surrounding circumstances as known to
me concerning the matters of the charge of OWI 1st Offense as filed against me.

      3. I have received a copy of the trial information. My true and correct name is
shown above. I waive formal arraignment and time to plead.

        4. I am not now under the influence of any drugs or alcohol. If I am taking a
medication it does not cause me any impairment. I fully understand that I am pleading
guilty to Operating While Intoxicated, First Offense.

       5. I understand that in order to establish that I am guilty of OWI 1st, the State of Iowa
must prove beyond a reasonable doubt all of the elements of OWI 1st. The trial information
accuses me of the crime of operating a motor vehicle while being under the influence of an
alcoholic beverage or other drug or a combination of such substances and/or while having
an alcohol concentration of 0.08 or more and/or while any amount of a controlled substance
was present in my blood or urine.

       6. If I plead not guilty to the charge, I have the following rights:

              I am entitled to a speedy and public trial by a 12 person jury.

              The jury’s verdict must be unanimous to convict me.

              I am presumed innocent until proven guilty beyond a reasonable doubt.

              My guilt must be proven beyond a reasonable doubt by competent evidence.

              I have a privilege against self-incrimination, which I waive by this plea of
              guilty. At trial I may elect not to testify and if I would decide not to testify, this
              decision could not be used against me.
              I, through my attorney, have the right to confront and cross-examine the
              witnesses against me.

              I may be present at all stages of the proceedings and trial.

              I may subpoena witnesses for myself, which means that I may require their
              attendance and testimony in court.

              I have the right to be represented by an attorney and if I cannot afford one,
              one will be appointed to represent me at public expense. This is the only
              right that I do not give up by pleading guilty.

       7. I understand that by pleading guilty I waive any right to a trial. I understand that
there will not be a trial of any kind because I am pleading guilty.

      8. No promises or threats of any kind have been made toward me or members of
my family to get me to plead guilty. This plea of guilty is voluntarily made by me.

       9. The maximum sentence provided by statute is:

              Imprisonment in jail not to exceed one year.

              A fine of $1,250.00 plus 35% surcharge plus court costs. The Court may, in
              its discretion, waive up to $625.00 of the fine if I obtain a temporary driver’s
              license and so long as there was no personal or property injury involved. The
              Court may also order me to perform unpaid community service in lieu of
              paying the fine.

       The minimum sentence provided by statute is:

              Imprisonment in jail for 48 hours. I will receive credit for any time already
              served on this charge.

              $1,250.00 fine plus 35% surcharge plus court costs.

              If there was a victim of my offense, I may be ordered to pay restitution.

              I may be ordered to: reimburse the law enforcement agency for the costs of
              my arrest, pay a D.A.R.E. surcharge, attend a substance abuse evaluation
              and treatment, and attend a course for drinking drivers.


      10. Plea Agreement: My plea agreement with the State of Iowa, if any, is as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
        11. I understand and agree that the sentencing judge is not required to follow the
recommendation in the plea agreement or any recommendation that I or my attorney make.
It is possible that the sentencing judge may impose a sentence that may be less or more
severe than what I may have agreed to in the plea agreement. It is possible for me to be
sentenced to the maximum as allowed by Iowa law.

        12. Under Rule 2.8 of the Iowa Rules of Criminal Procedure, I understand that the
court is required to address me in open court and explain my rights to me before accepting
my plea. I hereby request that the court, in its discretion, waive the provisions of Rule
2.8(2) and give up my right to personally appear in court. I waive my presence.

        13. I understand that by executing this Written Plea of Guilty, I admit that I did
commit the crime to which I am pleading guilty, that I committed the elements of this crime
and that I understand that I expose myself to the maximum punishment allowed by Iowa law
for the offense of OWI - 1st Offense.

       14. PLEA: I understand all my rights and having had them explained to me, I desire
to plead guilty. I hereby PLEAD GUILTY to the crime of Operating While Intoxicated as a
First Offense in violation of Iowa Code section 321J.2.

       15. FACTUAL BASIS: I did the following acts to commit the crime of Operating
While Intoxicated, First Offense:            On or        about        the       date       of
_____________________________ operated a motor vehicle while under the influence of
alcohol or drugs or while having an alcohol concentration of .08 or greater. If I submitted a
specimen, my BAC level was: _______ I agree that the Court may rely on the trial
information and minutes attached thereto as additional factual basis in support of this guilty
plea.

        16. I ask that the Court accept this as my plea of guilty and proceed immediately to
pronounce judgment and sentence now and without delay. I understand that I have a right
to appear in court at sentencing and that I have the right to make a statement. I give up my
right to personally appear at sentencing. My statements and requests concerning my
sentence,            if         any,           are           set          forth         here:
_________________________________________________________________________
_________________________________________________________________________
_______________________________________________________________.

       17. I understand that pleading guilty may result in deportation or other adverse
immigration consequences if I am not a citizen of the United States. I understand one such
consequence could include deportation from the United States upon completion of any
period of incarceration. Under federal law, a broad range of crimes are removable offenses;
these offenses may include the offenses to which I am pleading guilty. Removal and other
immigration consequences are the subject of a separate proceeding, however, and I agree
that no one, including my attorney or the district court, can predict to a certainty the effect of
this conviction on my immigration status. I nevertheless affirm I want to plead guilty
regardless of any immigration consequences that my guilty plea may entail, even if one
such consequence is my automatic removal from the United States.
        18. I understand that if I wish to challenge my guilty plea based on alleged defects
in the plea proceedings, I must raise those defects by filing a Motion in Arrest of Judgment
and that my failure to raise such challenges shall preclude the right to assert them on
appeal. A Motion in Arrest of Judgment must be filed within forty-five (45) days of the entry
of my guilty plea and in any event, not less than five (5) days prior to sentencing. I waive
my right to file a Motion in Arrest of Judgment and ask that the Court proceed immediately
to sentencing.

      19. I waive my right to personally appear before the Court at the time of sentencing
and ask that the Court proceed to sentencing without my presence.

        20. I know that if I request and am granted a deferred judgment and probation, that
there is no appeal from such sentence. If I do not receive a deferred judgment, I
understand that I have a right to appeal the sentence imposed. Such an appeal must be
filed within thirty (30) days of the sentencing date pursuant to Iowa R. App. P.6.101. If I am
unable to pay the costs of appeal, I 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. I understand that filing a notice of appeal within the time and in the manner
specified in Iowa R. App. P.6.101 is jurisdictional and failure to comply with these provisions
shall preclude my right of appeal.

       21. I waive formal reporting of these proceedings.

        22. I am able to read and understand the English language and if I am not, I have
received the assistance of an interpreter to interpret this document and if such is the case,
the interpreter’s name is set forth here:



_______________________________            ____________________________________
Print Name                                       Signed


I HAVE READ ALL OF THE ABOVE AND UNDERSTAND ALL OF IT AND THE
CONSEQUENCES OF THIS GUILTY PLEA AND STATE THAT I MAKE THIS PLEA
INTELLIGENTLY, VOLUNTARILY AND OF MY OWN FREE WILL.


Date _____________                              ________________________________
                                                  Defendant

The undersigned is a practicing attorney in the State of Iowa. I do state that I represented
the defendant; that I have advised the defendant at length and in detail regarding all of the
defendant’s rights and that in my opinion the defendant has full knowledge of those rights.
In my opinion, there is a factual basis for the defendant’s plea of guilty and that the
defendant fully understands the consequences of this plea. Based on my conferences with
the defendant, the statements made by the defendant in this Written Plea of Guilty and
Waiver of Rights form are true.


Date ___________                                   _____________________________
                                                   Defendant’s Attorney

								
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