from the Iowa District Court for Johnson County, Jason A.
Burns, District Associate Judge.
defendant appeals the revocation of his deferred judgment for
operating while intoxicated. AFFIRMED.
J. Bishop, Cedar Rapids, for appellant.
J. Miller, Attorney General, and Sheryl Soich, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Ferguson received a deferred judgment in February 2017 after
pleading guilty to first-offense operating while intoxicated
(OWI). Four months later, he committed the crime of driving
while his license was revoked. As a result, the district
court revoked his probation and entered judgment on the OWI
offense. He appeals the revocation, contending the court
failed to consider mitigating circumstances. Because the
court properly exercised its discretion in viewing the new
driving offense as a sufficient reason to impose judgment, we
City police stopped Ferguson for driving 43 miles per hour in
a 30 mileper-hour zone in November 2016. Detecting evidence
of drunk driving, the officer invoked implied consent; the
DataMaster measured Ferguson's blood alcohol content at
.125. He entered a guilty plea to a violation of Iowa Code
section 321J.2 (2016) and received a deferred judgment. The
court placed Ferguson on "self-supervised
probation" for one year with the following conditions:
• Have no further law violations.
• Keep the Clerk of Court informed of any change of
• Pay the civil penalty and all amounts due within six
• Pay the supervision fee imposed by the Department of
• Obtain a substance abuse evaluation, complete all
recommended treatment, and file proof of completion within
• Complete an approved OWI weekend program, which
includes the 12-hour drinking driver's course required by
the Department of Transportation, and file ...