E-FILED 2014 MAY 24 2:58 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 27 12:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

MATTHEW E DROST ,
Defendant.
Defendant's Correct Address: 3630 Jackson Ave.
Wall Lake, IA 51466



Case No: 02811 OWCR012551


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 $1,250 or more than $1,875 plus 35% surchare 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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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 06/23/2014 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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Sac County Sheriff
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State of Iowa Courts
Case Number Case Title
OWCR012551 STATE VS MATTHEW EUGENE DROST
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-06-02 10:10:29
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
201UUN-2 AH 10
PLAINTIFF NO. ^ j ^ ewpf i /
vs.
APPLICATION TO WAIVE
mod- \)(\*A
ATTORNEY A ND 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.
Defendant
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
MATTHEW E. DROST,
Defendant.
CASE NO. OWCR012551
TRIAL INFORMATION
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,
MATTHEW E. DROST (defendant) of the crime of OPERATING WHILE
INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code
Section 321J.2 committed as follows: On or about May 24, 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 - AT0008834
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Facsimile: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 JUN 03 8:09 PM SAC - CLERK OF DISTRICT COURT
WITNESS LIST
KRISTIN ERSKINE, Deputy, Sac County Sheriffs Office
MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI
E-FILED 2014 JUN 03 8:09 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012551 STATE VS MATTHEW EUGENE DROST
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 2014-06-03 20:10:01 page 3 of 3
E-FILED 2014 JUN 03 8:09 PM SAC - CLERK OF DISTRICT COURT
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Plaintiff,

vs

MATTHEW E DROST ,

Defendant.




Case No: 02811 OWCR012551

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 06/18/2014 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
E-FILED 2014 JUN 03 8:09 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012551 STATE VS MATTHEW EUGENE DROST
So Ordered
Electronically signed on 2014-06-03 20:10:01 page 2 of 2
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THE !OWA D!STR!CT COURT FOR SAC COUNTY

STATE OF !OWA, )
) CR!N. NO. OWCR012551
Plaintiff, )
) ORDER ACCEPT!NG PLEA
vs. ) AND JUDGNENT ENTRY
)
NATTHEW EUGENE DROST, ) Charge - OW!, First Offense
) Section - 321J.2, !owa Code
Defendant. )

NOW on the 18
th
day of June, 201+, the defendant submits his verified written Plea of Guilty.
The defendant is charged with Operating While !ntoxicated, in violation of Section 321J.2 of the !owa
Code. The State appears by Sac County Attorney, Ben Smith. The Defendant waives his personal
appearance.
The written plea of guilty shows that the defendant's plea is voluntary, being freely and
intelligently made, with an understanding of the charge, with knowledge of the penal consequences of
the plea, with full knowledge of his constitutional rights, and that said rights are waived by a plea of
guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual
basis for the defendant's plea of guilty.
The written plea indicates the defendant's informed understanding of his rights contemplated
in the cases of State v. Sisco, 169 N.W.2d 5+2; Brainard v. State, 222 N.W.2d 711; and State v.
Reaves, 25+ N.W.2d +88, all as shown in the defendant's written plea of guilty, which plea is made a
part hereof by this reference.
The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.
The defendant indicates his understanding of his right to additional time and the right to file a
Notion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for
sentencing and indicates his voluntary waiver of those rights and his desire to proceed immediately to
sentencing. The Court, finding the defendant's waivers are voluntary and made with an understanding
of his rights, accepts the waivers and proceeds to entry of judgment. The defendant's counsel
indicates he knows of no legal cause why judgment and sentence should not be pronounced.
The Defendant is adjudged guilty of the offense of Operating While !ntoxicated, First Offense,
in violation of !owa Code Section 321J.2.
The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of 30 days.
All but the first +8 hours of this sentence is suspended. Defendant is given credit for time served, if
any, as certified by the Sheriff. The Defendant shall have this sentence served in full by August 15,
2014. Defendant may serve this sentence via the OW! Weekend Offender Program or the Sac County
E-FILED 2014 JUN 19 4:54 PM SAC - CLERK OF DISTRICT COURT
Work Release Program.
The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35 surcharge, a
$10.00 D.A.R.E. surcharge, and the court costs of this action, including correctional fees as certified by the
Sheriff. Half of the fine and corresponding surcharge will be waived in the event Defendant provides proof
to the Clerk of Court that he has received a temporary restricted license.
Defendant shall pay these financial obligations to the Clerk of Court of this county or online at
www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be developed by
his probation officer.
On the suspended portion of the sentence, Defendant is placed on probation to the Sac County
Probation Office for a term of one year. Terms of probation are as follows:
1. Defendant shall report to the Sac County Probation Office within 7 days of today's
date to sign up for probation supervision.
2. The Defendant shall obey all laws.
3. The Defendant shall enroll in and successfully complete the Drinking Driver's Course
sponsored by an area community college or substance abuse treatment facility. The Defendant shall
complete this course and have proof of completion filed with the Sac County Clerk of Court by August
15, 2014.
+. The Defendant shall abstain from the use of alcoholic beverages.
5. The Defendant is not allowed on the premises of any bar, tavern, liquor store, or any other
business establishment in which 50 or more of that business's revenue comes from the sale of
alcoholic beverages.
6. The Defendant shall not drive a motor vehicle unless he is properly licensed and insured.
Any bond money previously posted is released and exonerated.
Appeal bond is set in the sum of $1,000.00.




COP!ES TO:
County Attorney
Defendant
Sac County Sheriff
!owa D.O.T.
E-FILED 2014 JUN 19 4:54 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012551 STATE VS MATTHEW EUGENE DROST
So Ordered
Electronically signed on 2014-06-19 16:54:39 page 3 of 3
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