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IN THE IOWA DISTRICT COURT FOR DALLAS COUNTY STATE OF IOWA, Plaintiff, v. Defendant. CRIMINAL NO: PETITION TO PLEAD GUILTY TO OWI Defendant in custody. NOW ON Defendant appears in person and with counsel, and interpreter, to plead guilty to Operating a Motor Vehicle While Intoxicated (OWI) offense, in violation of Iowa Code Section(s) 321J.2. Defendant states to the Court as follows: I am charged in my true and correct name. I knowingly and intelligently plead guilty to the charge(s) listed above because I am guilty. There have been no promises or threats to get me to plead guilty or to agree to any enhancement. I ask the Court to accept my guilty plea. I am, at this time, of sound mind. I am not under the influence of any drug, medication or alcohol that would hurt my ability to make decisions. I understand the nature of the charge against me and that: • I am considered innocent until the State proves my guilt beyond a reasonable doubt; • I have a right to a speedy and public trial by jury and the right to be represented by an attorney at that trial; • If I cannot afford an attorney, the Court will appoint one at the State’s expense; • I have a right to hear the evidence against me from the witnesses and subject them to cross examination; • I have the right to testify or to refuse to testify, and my refusal would not reflect on my guilt or innocence; • I have the right to produce witnesses, subpoena them to appear at trial, and have them testify on my behalf. • By pleading guilty I give up all of these rights, I will have no trial and the judge may sentence me up to the legal maximum. By pleading guilty I may give up any right to appeal this case unless I can show good cause for an appeal. To challenge my plea later, I would have to show that there is a defect in the proceedings and that but for the defect, I would not have plead guilty. An enhancement applies only if I was represented by (or gave up my right to) an attorney on each earlier conviction. If this is an enhanced charge, I have a right to a separate trial, with the trial rights explained above, on the sole question of whether I have earlier convictions. I give up those rights, agree I have the convictions, agree that I am subject to the enhancement and describe the convictions below. Without any enhancement, the minimum sentence is: 2 days in jail & a $1250 fine Without any enhancement, the maximum sentence is: 365 days in jail & a $1250 fine. WITH the enhancement, the minimum sentence is: OWI 2d: 7 days in jail & a $1875 fine. OWI 3rd: 30 days in jail & a $3125 fine. WITH the enhancement, the maximum sentence is: OWI 2d: 2 years in prison & a $6250 fine. OWI 3rd: 5 years in prison & a $9375 fine. I may be ordered to pay court costs depending on my ability to pay. I will be ordered to pay victim restitution and a surcharge of: 35% on any fine imposed; and a $10 for D.A.R.E. for each violation of chapter 321J, unless the court suspends or defers sentence or judgment. A fine and/or jail time will not be imposed if judgment is deferred but a civil penalty will be imposed. A conviction or deferred judgment for OWI counts as an earlier conviction if I am later accused of another such charge. If I am convicted of OWI 2d or OWI 3rd, I will be ordered to submit my DNA to the state DNA database. If I am not a United States citizen, a criminal conviction, deferred judgment or my agreement to an enhancement could result in deportation, could affect my ability to re-enter the United States or could have other adverse federal immigration consequences. I have the right to speak to the Judge about punishment/sentencing and I knowingly and intelligently give up this right. To contest this plea, including my agreement to any enhancement(s), I must file a Motion in Arrest of Judgment within 45 days and no later than 5 days before sentencing. By seeking immediate sentencing I give up this right and I give up any right to any appeal of, or challenge to, this plea or my agreement to any enhancement. I also give up any right to the preparation and use of a pre-sentence investigation report. Unless I commit a new crime, or violate a court order the plea agreement is The Court is not bound by any plea agreement and may give me the maximum sentence allowed by law, including any enhanced sentence. I give up my right to have a verbatim record made of these proceedings, including sentencing and my agreement to any enhancement(s). I agree to pay full court costs & victim restitution for any dismissed counts/cases. I have the prior convictions set out below. Further, I agree that at the time of each conviction, I either had an attorney or I knowingly and voluntarily gave up my right to an attorney: Case Number: Date: Crime: Case Number: Date: Crime: Case Number: Date: Crime: I admit I did the following: My signature below means I have read and I understand all of the statements above and that all of the statements are true and correct. Defendant Defendant’s Attorney PCAO 2019-08-07