19-year-old Brittlyn Marie Minert was the driver of a vehicle pulled over by members of the Cerro Gordo County Sheriff’s Department on Hwy 122 in Clear Lake in the evening hours of September 4th, 2011. Deputies on scene suspected Minert of operation under the influence. Deputies alleged Minert had offered a bribe not to be arrested for 1st offence OWI.
As a result deputies arrested Minert and transported her to Cerro Gordo County Jail on one Class “D” felony charge of bribery and a serious misdemeanor charge of 1st offence OWI.
On Monday, May 14th, at a scheduled sentencing hearing presiding District Court Judge Rustin T. Davenport handed down a deferred judgment on the bribery charge. As part of the deferred judgment Minert must complete 2 years of probation thru the Iowa Department of Corrections.
Minert had also entered a voluntary negotiated guilty plea to the OWI charge on May 4th. Judge Davenport sentenced her to serve four days in jail or in lieu of the sentence Minert may complete a second chances program. Minert must also pay a $1250 fine, $437.50 in surcharges, and $370 in court costs.
A deferred judgment refers to a postponed or delayed judgment. In a deferred judgment, the court gives a defendant an opportunity to complete a probationary period before sentencing and prior to any entry of conviction. If the defendant successfully completes probation at the conclusion of the probationary period the court will review the defendant’s file and may dismiss the charges against him/her.
If the defendant does not follow all of the terms and conditions of probation the court may enter the conviction and sentence the defendant accordingly. Normally, if a person pleads guilty or is found guilty of new criminal charges the case proceeds to sentencing. When a deferred judgment is obtained the case is frozen between the guilty plea and sentencing.
