Waushara County Case Number 2019CF000004 State of Wisconsin vs. Jason G Niemuth

The defendant was charged with both OWI (5th) and Operating w/ PAC (5th). The defendant was found guilty of OWI (5th) and the other charge, Operating w/ PAC (5th) was dismissed by the court.

Jason G Niemuth was found guilty of OWI (5th), a class G felony, Wisconsin Statutes 346.63(1)(a).

Charge(s) in this case were read in to this or other case(s). A “read in” charge is a charge that is dismissed as part of a plea agreement, however:

The defendant agrees to have the court consider the charge(s) when sentencing for another crime, under Wis. Stats. 973.20(1g)(b); and
The defendant cannot be prosecuted for these charge(s) in the future.

Waushara County Case Number 2019CF000004 State of Wisconsin vs. Jason G Niemuth
Case summary

Filing date
01-03-2019

Case type
Criminal

Case status
Closed – Electronic filing

Defendant date of birth
01-22-1978

Address
9308 37th Avenue, Fremont, WI 54940

DA case number
2019WS000020

Charges
Printable version

Responsible official
Dutcher, Guy D

Prosecuting agency
District Attorney

Prosecuting agency attorney
Anderson, Steven Paul

Defendant owes the court: $1,457.50

Count no. Statute Description Severity Disposition
1 346.63(1)(a) OWI (5th) Felony G Guilty Due to No Contest Plea
2 346.63(1)(b) Operating w/ PAC (5th) Felony G Dismissed on Prosecutor’s Motion
3 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Misd. U Charge Dismissed but Read In

The Defendant was charged with the following offense:

Count
1

Statute cite
346.63(1)(a)

Description
OWI (5th)

Severity
Felony G

Offense date
01-02-2019

Plea
No Contest on 07-16-2019

On 07-16-2019 there was a finding of:

Action
Guilty Due to No Contest Plea

Court official
Dutcher, Guy D

Notes

On 07-16-2019 the following was ordered:

Sentence
Probation, Sent Withheld

Time
42 Months

Begin date

Notes

Condition Time Notes
Jail time 7 Months With Huber and Good Time Credit. Court does not object to jail transfer.
Fine Court orders bond in the amount of $1,500.00 to be applied. Balance of costs to be paid directly to the Waushara County Clerk of Court within 60 days or establish a payment plan. Failure to pay may result in suspension of your driver’s license, tax intercept, a civil judgment being entered against you, a warrant being issued for your arrest for contempt and/or the debt being turned over to a collection agency.
Costs Costs to be paid directly to the Waushara County Clerk of Court within 60 days or establish a payment plan. Failure to pay may result in suspension of your driver’s license, tax intercept, a civil judgment being entered against you, a warrant being issued for your arrest for contempt and/or the debt being turned over to a collection agency.
Other Defendant is to comply with any rules/recommendations as deemed appropriate by the supervising agent. DNA sample to be provided and surcharge assessed.
Alcohol assessment Defendant to undergo an alcohol and other drug assessment and comply with any further counseling and/or treatment as deemed appropriate by the supervising agent.
Prohibitions The defendant must maintain absolute sobriety, may not be present upon the premises of any bars, and is prohibited from possessing/ingesting any impairing substances that have not been prescribed by a physician.

Sentence
DOT License Revoked

Time
33 Months

Begin date

Notes

Sentence
Alcohol assessment

Time

Begin date

Notes
Prior to re-licensing the defendant is to complete an OWI Assessment.

Sentence
Ignition interlock

Time
33 Months

Begin date

Notes

Count
2

Statute cite
346.63(1)(b)

Description
Operating w/ PAC (5th)

Severity
Felony G

Offense date
01-02-2019

Plea

On 07-16-2019 there was a finding of:

Action
Dismissed on Prosecutor’s Motion

Court official
Dutcher, Guy D

Notes

Count
3

Statute cite
343.44(1)(b)

Description
Operating While Revoked (Rev due to alc/contr subst/refusal)

Severity
Misd. U

Offense date
01-02-2019

Plea

On 07-16-2019 there was a finding of:

Action
Charge Dismissed but Read In

Court official
Dutcher, Guy D

Notes

Charge history

This history reflects charges that were issued by the District Attorney earlier in the case. Current charges can be seen above. Changes to charges can be made for many reasons, often based on the District Attorney’s ongoing assessment of the case. The case file may contain more information. Unless a Judgment of Conviction is entered, the defendant is presumed innocent of all charges.
Count Statute Description Replaced by
1 346.63(1)(a) OWI (5th) Information Filed
1 346.63(1)(a) OWI (5th) Amended Complaint Filed
1 346.63(1)(a) OWI (5th or 6th) Information Filed
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Information Filed
2 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Amended Complaint Filed
2 346.63(1)(b) Operating w/ PAC (5th or 6th) Information Filed
3 343.44(1)(b) Operating While Revoked (Rev due to alc/contr subst/refusal) Information Filed
Defendant

Defendant name
Niemuth, Jason G

Date of birth
01-22-1978

Sex
Male

Race
Caucasian

Address (last updated 01-04-2019)
9308 37th Avenue, Fremont, WI 54940

JUSTIS ID

Fingerprint ID

Attorneys
Attorney name Entered Withdrawn
Patzer, Brianne Eileen 02-26-2019 09-06-2019

Citations
Citation BB3349570

Defendant name
Niemuth, Jason G

Date of birth
01-22-1978

Sex
Male

Address (last updated 01-04-2019)
9308 37th Avenue, Fremont, WI 54940

Bond amount

Deposit type
None

Appearance date and time
02-05-2019 03:00 pm

Mandatory
Yes

Plate number
350SBD

State
WI

Expiration
2019

VIN
1G3GR62C3W4121735

Issuing agency
Waushara Co. Sheriff’s Dept.

Officer name
Van Haren, B.

Violation date
01-02-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(a)

Charge description
OWI (5th)

Severity
Felony G

Citation BD9706045

Defendant name
Niemuth, Jason G

Date of birth
01-22-1978

Sex
Male

Address (last updated 01-04-2019)
9308 37th Avenue, Fremont, WI 54940

Bond amount

Deposit type
None

Appearance date and time
03-05-2019 09:35 am

Mandatory
Yes

Plate number
350SBD

State
WI

Expiration
2019

VIN
1G3GR62C3W4121735

Issuing agency
Waushara Co. Sheriff’s Dept.

Officer name
Van Haren, B.

Violation date
01-02-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(b)

Charge description
Operating w/ PAC (5th)

Severity
Felony G

Citation BB3349592

Defendant name
Niemuth, Jason G

Date of birth
01-22-1978

Sex
Male

Address (last updated 01-04-2019)
9308 37th Avenue, Fremont, WI 54940

Bond amount
$250.00

Deposit type
None

Appearance date and time
02-05-2019 03:00 pm

Mandatory
Yes

Plate number
350SBD

State
WI

Expiration
2019

VIN
1G3GR62C3W4121735

Issuing agency
Waushara Co. Sheriff’s Dept.

Officer name
Van Haren, B.

Violation date
01-02-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
343.44(1)(b)

Charge description
Operating While Revoked (Rev due to alc/contr subst/refusal)

Severity
Misd. U

Court record
Date Event Court official Court reporter Amount
01-17-2020 Response/reply Dutcher, Guy D

Additional text:
from the Court – DE is allowed to work as requested

01-14-2020 Letters/correspondence

Additional text:
from Atty Patzer requesting clarification of the probation condition regarding being on the premises of any bars

10-28-2019 Payment application agreement
09-06-2019 Notice of Completion
07-23-2019 Order for intox driver assessment and safety plan Dutcher, Guy D
07-23-2019 Assessment Report
07-23-2019 Judgment of conviction Zamzow, Melissa
07-23-2019 Cash bond applied $1,500.00

Additional text:
19A 002806

07-16-2019 Dispositional order/judgment Dutcher, Guy D
07-16-2019 Appeal rights/info on postconviction relief
07-16-2019 Firearm warning
07-16-2019 Notice and acknowledge of def voting ineligibility
07-16-2019 Plea questionnaire, waiver of rights
07-16-2019 Plea/sentencing hearing Dutcher, Guy D Gulbrandsen, Tara

Additional text:
10:56 AM Defendant Jason G Niemuth in court with attorney Brianne Eileen Patzer. Barry J Braatz appeared for the State of Wisconsin. Agreement reached and stated on the record. Amended Information addressed. Defendant advised of potential punishment. Plea QN reviewed w/Defendant. Plea colloquy entertained. Collateral consequences explained. Chapter 950 compliance addressed. Plea: NC to CT 1. Court accepts plea and enters JOC. Court dismissed outright CT 2 & DRI Ct 3. No statement by defendant. Court makes statement prior to sentencing. Court sentences the defendant to: SW and placed on probation for a period of 42 months. CONDITIONS: 7 months WCJ, with Huber and Good Time Credit. Credit for 3 days time served. To begin forthwith. Court does not object to jail transfer. AODA and follow through, Defendant must maintain absolute sobriety, may not be present upon the premises of any bars, and is prohibited from possessing/ingesting any impairing substances that have not been prescribed by a physician. $3000 plus $42.50 Blood Draw fee to be paid within 60 days or payment plan. Bond on file posted. 33 month DL revocation, 33 mo IID, OWI Assessment. Terms of Agent. DNA Sample and Surcharge ordered by the Court. Defendant advised of right to expunge DNA record through the Department of Justice. Appeal Rights Given.

05-29-2019 Notice of hearing

Additional text:
Plea/sentencing hearing on July 16, 2019 at 10:45 am.

05-28-2019 Letters/correspondence

Additional text:
Letter from Atty Patzer requesting adjournment of the 6/4/19 Plea/sentencing hearing – Granted by the Court

04-12-2019 Notice of hearing

Additional text:
Plea/sentencing hearing on June 4, 2019 at 10:45 am.

04-12-2019 Status conference Dutcher, Guy D

Additional text:
NOT PUT OF RECORD: Attorney Brianne Eileen Patzer in court. Steven Paul Anderson appeared for the State of Wisconsin. Attorney Patzer states the defendant has set up an assessment for treatment prior to entering a plea. Plea/sentencing hearing scheduled for June 4, 2019 at 10:45 am.

03-05-2019 Demand for Discovery – Prosecutor
03-05-2019 Notice of hearing

Additional text:
Status conference on April 12, 2019 at 09:00 am.

03-05-2019 Status conference Dutcher, Guy D

Additional text:
NOT PUT OF RECORD: Attorney Brianne Eileen Patzer in court. Steven Paul Anderson appeared for the State of Wisconsin. Attorney Patzer requests additional STC due to offer being extended and requests 30 days. Status conference scheduled for April 12, 2019 at 09:00 am.

02-26-2019 Demand for Discovery and Inspection – Defendant Dutcher, Guy D
02-26-2019 Public defender order appointing counsel Dutcher, Guy D
02-01-2019 Information

Additional text:
Amended

02-01-2019 Amended complaint
01-18-2019 Notice of hearing

Additional text:
Status conference on March 5, 2019 at 09:35 am.

01-18-2019 Information
01-18-2019 Bound over for trial Dutcher, Guy D For the record software
01-18-2019 Waiver of preliminary hearing Dutcher, Guy D For the record software
01-18-2019 Initial appearance Dutcher, Guy D For the record software

Additional text:
Case called @ 02:22 PM Defendant Jason G Niemuth in court with attorney Brianne Patzer. Karen L. Marone appeared for the State of Wisconsin. Complaint Stated – Advised of offense and potential punishment. Receipt Admitted – Reading Waived. The Court entertains waiver of the preliminary hearing. The Court accepts voluntary waiver of the preliminary hearing. Defendant BOT. Information filed. Receipt admitted – Reading waived. NG plea entered. STC Scheduled – NOH Given. Court enters Riverside Ruling in favor of the State and probable cause finding as to each count alleged within the complaint. Defendant Jason G Niemuth in court with attorney Brianne Eileen Patzer. Karen L. Marone appeared for the State of Wisconsin. Status conference scheduled for March 5, 2019 at 09:35 am.

01-11-2019 Cash bond posted $1,500.00

Additional text:
19R 000288

01-07-2019 Cash bond signed
01-04-2019 Notice of hearing

Additional text:
Initial appearance on January 18, 2019 at 01:45 pm.

01-04-2019 Cash bond set for Niemuth, Jason G Dutcher, Guy D For the record software $1,500.00

Additional text:
The defendant must maintain absolute sobriety, may not be present upon the premises of any bars, and is prohibited from possessing/ingesting any impairing substances that have not been prescribed by a physician. No operation of any motor vehicles without a valid driver’s license for the manner of operation.

01-04-2019 Video conferencing Dutcher, Guy D For the record software

Additional text:
Defendant and Atty Patzer appear via video from the WC Jail.

01-04-2019 Bail/bond hearing Dutcher, Guy D For the record software

Additional text:
Case called @ 01:04 PM Defendant Jason G Niemuth in court, in custody, appears via video with attorney Brianne Eileen Patzer. Steven Paul Anderson appeared for the State of Wisconsin. Complaint Stated – Advised of offense and potential punishment. Receipt Admitted – Reading Waived. Advised of right of Counsel. Defendant will be represented by SPD. Bond argument by DA Anderson. Bond argument by Atty Patzer. Court orders $1500 Cash Bond. IA Scheduled – NOH Given. Court enters Riverside Ruling in favor of the State. Initial appearance scheduled for January 18, 2019 at 01:45 pm.

01-04-2019 Electronic Filing Notice
01-04-2019 Case initiated by electronic filing
01-03-2019 Complaint filed
Total receivables

Payment plan Balance due Payment due Due date
Payment plan $1,457.50 $25.00 2019-09-16
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