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OWCR012919 - Wall Lake man accused of OWI 2nd Offense.pdf

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Page 1: OWCR012919 - Wall Lake man accused of OWI 2nd Offense.pdf
Page 2: OWCR012919 - Wall Lake man accused of OWI 2nd Offense.pdf

Complaint

S T A T E O F I O W A V s .

S a m m u e l K e l l y E l l i s

Item #: 15-001470 STATE OF IOWA, COUNTY OF S A C

Before ( Judge , Magist rate)

C r i m i n a l C a s e N o . Defendant

A d d r e s s 3 0 7 S u m m i t S t r e e t Complaint

W a l l L a k e , l A 5 1 4 6 6

D a t e of B i r t h 0 7 / 1 5 / 8 1 Aggravated Misdemeanor

T h e defendant is a c c u s e d of the c r ime of Operat ing Whi le Intoxicated (2'''^ O f fense ) in violation of (Sec t ion 3 2 1 J . 2 ( 2 ) [ b ] of

the C o d e of Iowa) or Ord inance No. of the Ci ty of , in that the defendant on the 23rd day of A u g u s t , 2 0 1 5 , at

the 1000 block of Sou th 16^^ Street , S a c City in S a c County , did :

operate a motor veh ic le whi le intoxicated.

(S ta te ac t s or o m i s s i o n s constituting o f fense) Dated

Compla inan t

A d d r e s s S c ? ^ Statutory R e f e r e n c e 804 .1 C o d e of Iowa

S T A T E O F I O W A , C O U N T Y O F S A C , s s .

I, the unders igned, being duly sworn and under oath, s tate that the following fac ts known by me or told to m e by the other

rel iable pe rsons form my belief that S a m m u e l Kel ly E l l i s the defendant commit ted the cr ime charged .

On Sunday, August 23, 2015 at approximately 0227 hours I observed a silver Chevrolet HHR bearing an Iowa Registration Plate BXG151 traveling south on South 16*̂ Street. In the 700 block, I checked the vehicle's speed at 40mph in a 25 mph zone. While I was attempting to catch up, I observed the vehicle cross the center line and then drive off onto the shoulder. I made a stop on the vehicle in the 1000 block of South 16*̂ Street. I approached the vehicle and found Ellis in the drivers' seat with the vehicle still running. I could smell a strong odor of an intoxicating beverage coming off is person and asked if he had been drinking and he stated that he had 3 or 4 drinks. I asked him to participate in a series of standard field sobriety tests. He complied and we began. After unsatisfactorily completing the tests, I asked him to take a preliminary breath test to which he consented and the results indicated that his blood alcohol content was above that which is allowed by the state of Iowa when operating a motor vehicle. He was placed under arrest and transported to the Sac County Law Enforcement Center. At the SCLEC he was read the Iowa Implied Consent Advisory and asked to consent to a sample of his breath for chemical testing. Ellis signed his consent on the form and at 0326 hours a sample of his breath was taken on the Datamaster. The result of the test was 0.187 BAC. Ellis was charged with Operating While Intoxicated (2"^ Offense) and jailed.

Signa tu re

Subsc r ibed and sworn to before m e by the sa id S'TAcCv̂ Cf\/h^<yr<y the __2^6a\/ of OVSJLII^OL^\ . 20 \ .

_, Compla inan t , on

Compla int and affidavit fi led and probable c a u s e fou

i s i r a t ^ C l e r k on^^\^rfP^ub\'\c in t h e ^ t a t e of Iowa

endant commit ted t lTe^of fensexHarged.

Magist rate

E-FILED 2015 AUG 23 4:42 AM SAC - CLERK OF DISTRICT COURT

Page 3: OWCR012919 - Wall Lake man accused of OWI 2nd Offense.pdf

E-FILED 2015 AUG 23 4:42 AM SAC - CLERK OF DISTRICT COURT