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    Perez Aguilar Complaint OWI 1ST

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    Local 5 News (WOI-TV)
    The Polk County Attorney's Office has reviewed a complaint from the West Des Moines Police Department regarding Angel Perez Aguilar. The complaint alleges that Mr. Aguilar was observed crashing a vehicle into a utility box while intoxicated. He failed field sobriety tests and refused a preliminary breath test and chemical test. The County Attorney approves charging Mr. Aguilar with operating while intoxicated, first offense. The State requests bond be set according to the uniform bond schedule at his initial appearance.

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    Perez Aguilar Complaint OWI 1ST

    Uploaded by

    Local 5 News (WOI-TV)
    93 views3 pages
    The Polk County Attorney's Office has reviewed a complaint from the West Des Moines Police Department regarding Angel Perez Aguilar. The complaint alleges that Mr. Aguilar was observed crashing a vehicle into a utility box while intoxicated. He failed field sobriety tests and refused a preliminary breath test and chemical test. The County Attorney approves charging Mr. Aguilar with operating while intoxicated, first offense. The State requests bond be set according to the uniform bond schedule at his initial appearance.

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    Local 5 News (WOI-TV)

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    The Polk County Attorney's Office has reviewed a complaint from the West Des Moines Police Department regarding Angel Perez Aguilar. The complaint alleges that Mr. Aguilar was observed crashing a vehicle into a utility box while intoxicated. He failed field sobriety tests and refused a preliminary breath test and chemical test. The County Attorney approves charging Mr. Aguilar with operating while intoxicated, first offense. The State requests bond be set according to the uniform bond schedule at his initial appearance.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    93 views3 pages

    Perez Aguilar Complaint OWI 1ST

    Uploaded by

    Local 5 News (WOI-TV)
    The Polk County Attorney's Office has reviewed a complaint from the West Des Moines Police Department regarding Angel Perez Aguilar. The complaint alleges that Mr. Aguilar was observed crashing a vehicle into a utility box while intoxicated. He failed field sobriety tests and refused a preliminary breath test and chemical test. The County Attorney approves charging Mr. Aguilar with operating while intoxicated, first offense. The State requests bond be set according to the uniform bond schedule at his initial appearance.

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    Download as pdf or txt
    of 3

    E-FILED 2022 DEC 11 7:10 AM POLK - CLERK OF DISTRICT COURT

    IN THE IOWA DISTRICT COURT FOR POLK COUNTY


    STATE OF IOWA, AGENCY CASE NO.: WD22-06779
    Plaintiff, AGENCY: West Des Moines Police
    v. Department
    ANGEL D. PEREZ AGUILAR,
    Defendant. COUNTY ATTORNEY
    PRELIMINARY COMPLAINT REVIEW

    COMES NOW the undersigned Assistant Polk County Attorney and states as follows:

    I have read and reviewed the attached complaint and affidavit. I:

    [X] Approve the charge as OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE—
    Serious Misdemeanor—in violation of Iowa Code Section 321J.2(2)(a) and ask the court to find
    probable cause for this charge.
    [ ] Request that the Court enter the attached Arrest Warrant.
    [ ] Advise the court and the clerk of court that despite the officer’s request for an Arrest Warrant, the
    defendant has reportedly been taken into custody, so an arrest warrant is no longer required.

    With regard to a bond amount, the State requests that:

    [ ] The State requests that the Court enter the attached No Contact Order.
    [ ] The State requests defendant be held without bond until initial appearance, so a No Contact Order
    may be entered with the following victim at the following location:
    ____________________________________________________.
    [X] Bond be set according to the uniform bond schedule at Initial Appearance.

    WHEREFORE the State respectfully requests the Court find probable cause and allow the case to
    proceed under the circumstances set out above.
    Respectfully submitted,
    JOHN P. SARCONE by:

    /s/ Bradley Kinkade


    Assistant Polk County Attorney
    Polk County Attorney’s Office
    222 Fifth Avenue, Des Moines, IA
    (515) 286-3737
    ctyatty@polkcountyiowa.gov
    E-FILED 2022 DEC 11 7:10 AM POLK - CLERK OF DISTRICT COURT
    E-FILED 2022 DEC 11 7:10 AM POLK - CLERK OF DISTRICT COURT
    AFFIDAVIT
    STATE OF IOWA, POLK COUNTY
    I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
    belief that the defendant committed this crime
    State all facts and persons relied upon supporting elements of alleged crime
    On the above date and time West Des Moines Police Officers observed the above defendant had driven over a curb and crashed the above vehicle into a utility
    box in the parking lot. The defendant was attempting to drive the vehicle off the utility box. I observed the defendant to have bloodshot watery eyes, slurred
    speech, and the odor of consumed alcohol on his breath. I observed the defendant to stumble as he walked and stagger as he lost his balance trying to stand
    still. The defendant stated he had been drinking. The defendant refused to perform the Horizontal Gaze Nystagmus test and the Walk and Turn test. The
    defendant failed One Leg Stand. The defendant refused a preliminary breath test. The defendant refused to provide a breath specimen under implied consent.

    SUTTON, JACOB 0261


    Signature of Complainant or Officer, Officer Name & Number
    GENERAL PROBABLE CAUSE
    Defendant Implicated
    02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 04 - CAUSED PROPERTY DAMAGE, 05 - OPERATING MOTOR VEHICLE, 06 -
    POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 07 - IDENTIFIED BY WITNESSES, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR
    SCENE OF CRIME

    Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
    Polk - 77
    OWI
    OWI
    01 - REFUSED TO SUBMIT TO A P.B.T., 06 - ERRATIC DRIVING/TRAFFIC VIOLATIONS, 07 - POSSESSED ALCOHOLIC
    BEVERAGES/CONTAINERS, 08 - BLOODSHOT/WATERY EYES, 09 - REFUSED TEST AFTER IMPLIED CONSENT ADVISORY, 11 - IMPAIRED
    BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND, 16 - FIELD SOBRIETY TESTS REFUS

    BAC on Datamaster
    DCI Lab Screen Positive for Drugs

    Field Sobriety Tests Refused Number of Offense


    HGN; WALK AND TURN 1 - FIRST OFFENSE
    STATE OF IOWA, POLK COUNTY
    Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on 12/11/2022
    Notary Name CRAIG WEATHERALL Signature of Verifying Party

    Commission Number 838632

    My Commission Expires 04/07/2025 Peace Officer Notary Prosecuting Attorney

    Printed At WEST DES MOINES POLICE DEPT 12/11/2022 6:15 AM Page 2 of 2 Form #: 22-06779

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