1/7/2020 7:30:00 AM One bail jumping charge dropped in alleged OWI rollover case
Abigail Bostwick Of The Lakeland Times
One count of bail jumping has been dismissed in the case of a St. Germain woman accused of injuring three children while by driving intoxicated last spring.
Following a one-car rollover in April of 2019, Karen Ives, 52, of St. Germain, was charged with operating while intoxicated second offense, causing injury to a passenger under 16 and three charges of operating while intoxicated second offense, causing injury to a passenger under 16 with a prohibited blood alcohol concentration, all felonies. She was further cited for the traffic violation of failing to keep a vehicle under control. Ives pled not guilty to all those charges before Judge Neal Nielsen last summer.
The accident occurred in the late afternoon of April 22 on State Highway 70 near Lake Content Road.
According to court records, Ives reportedly crashed her car into the yard of a private residence. The homeowner phoned 911 when he observed children outside and Ives had ejected from the car, according to the complaint.
All four were taken to Howard Young Medical Center in Woodruff with non life-threatening injuries. At the time of the crash, the children were 8, 12 and 6.
Ives was released on a $1,000 signature bond with conditions she not consume intoxicants and maintain absolute sobriety. Ives was told she could not be in a tavern unless it was for her employment and to follow driving restrictions.
In October 2019, Ives was charged with felony bail jumping for allegedly violating that bond. This, after the Vilas County Sheriff's Department responded to a St. Germain tavern where Ives had a non-alcoholic beer. A breath test showed a 0.00 blood alcohol level. However, since she was not permitted to be inside a tavern unless it was for work, the first charge of felony bail jumping was filed, the court report states.
Ives' attorney, David Vernon Penn, later filed a motion to dismiss that charge, alleging the criminal complaint by which Ives was charged was "defective."
"Specifically, the complaint fails to set forth essential facts from which it would be inferred the defendant committed the crimes alleged in the complaint, or any crime, and fails to state the essential facts constituting the offenses charged in the complaint," the motion reads.
In further support, Penn identified insufficient facts of committing bail jumping or intentionally failing to comply with bond - specifically that "the defendant had the mental purpose to fail to comply with the terms of the bond," the motion states.
For evidence, Penn submitted copies of a local phone book, indicating the tavern Ives was at was not a tavern but a pizza company and did not even have hours such as most local taverns have, Penn further provided.
Nielsen granted the motion to dismiss that bail jumping charge.
In the second bail jumping case, also filed in October 2019, a deputy on patrol noticed Ives' vehicle in the town of St. Germain with a passenger and three children. Because it was outside the hours of her permitted vehicle operation, the deputy pulled Ives over. The officer reported seeing alcohol in a mug in Ives' cupholder and noted her eyes were glossy, reports state. Ives consented to a preliminary breath test, which registered a .07 blood alcohol concentration. A search of the car resulted in the discovery of alcohol.
Ives also was cited this past fall for drinking intoxicants as a driver in a motor vehicle, which carries a fine of more than $260.
She is due back in court for a pre-trial conference in mid-February.
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