Case Information


CR42-22-7812 | State of Idaho Plaintiff, vs. Austin E Stearns Defendant.

Case Number
CR42-22-7812

Court
Twin Falls County Magistrate Court

Judicial Officer
Kershaw, Thomas D., Jr

File Date
09/26/2022

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
Nope, Shayne Thirman
Attorney
Swafford, Nicole Lynn

Defendant
Stearns, Austin E

DOB
XX/XX/1999

 

Active Attorneys

Lead Attorney
Danielson, Michael David

Retained

Charge

Charges
Stearns, Austin E
  DescriptionCitationStatuteLevelDate
1Driving Under the Influence (Excessive).TFP371-87-1I18-8004C {M}Misdemeanor09/24/2022

Bond Settings


Setting Date
9/26/2022

Bond


Bond TypeBond NumberBond AmountCurrent Bond Status
Surety BondAA22-7702365000.00Exonerated

Disposition Events

09/27/2022 Plea

Judicial Officer
Kershaw, Thomas D., Jr

1
Driving Under the Influence (Excessive).
Not Guilty

04/26/2023 Disposition

Judicial Officer
Kershaw, Thomas D., Jr

1
Driving Under the Influence (Excessive).
Guilty (Withheld Judgment)

04/26/2023 Withheld Judgment

1
Driving Under the Influence (Excessive).
Withheld Judgment

Confinement

Type: County Jail

Facility: Twin Falls County Jail

Term: 365 Days

Suspended: 360 Days

Discretionary: 10 Days

Effective Date: 04/26/2023

Pre-Sentence Credit for Time Served

Credit Term: 2 Days

Other: Work Detail

Duration: 8 Hours

Comment: Defendant is ordered to serve jail time of 2 days beginning April 28th, 2023 at 7:00 PM. Work detail to be completed within 30 days or it will automatically revert to jail time.


Fee Totals


$202.50

$1,000.00

$262.50


Fee Totals

$1,465.00

Condition - Adult

1. Supervised Probation, Supervised per DUI Court contract @ $100/mo. Complete Substance Abuse Evaluation and comply with any recommendations., 24M, 04/26/2023-04/26/2025, Active 04/26/2023

2. Victim's Panel, 04/26/2023-04/26/2025, Active 04/26/2023

3. Alcohol Education, 24M, 04/26/2023-04/26/2025, Active 04/26/2023

4. Sent to Treatment Court-DUI, 05/03/2023-07/31/2024, Satisfied 08/01/2024

Comment: 1/3/2024 - Probation fees stopped;


License Suspension

Type: Driver's License

Duration: 365 Days

Suspension Date: 10/24/2022

Temporary Driving Permit

Start Date: 03/15/2024

End Date: 10/24/2024

Interlock Device

Start Date: 04/26/2023

End Date: 04/26/2024

Concurrent with ALS

Comment: Or first 30 days absolute. With restricted license to work & probation.


08/02/2024 Amended Withheld Judgment

Amend Reason
Probation Review

1
Driving Under the Influence (Excessive).
Withheld Judgment

Confinement

Type: County Jail

Facility: Twin Falls County Jail

Term: 365 Days

Suspended: 360 Days

Discretionary: 10 Days

Effective Date: 04/26/2023

Pre-Sentence Credit for Time Served

Credit Term: 2 Days

Other: Work Detail

Duration: 8 Hours

Comment: Defendant is ordered to serve jail time of 2 days beginning April 28th, 2023 at 7:00 PM. Work detail to be completed within 30 days or it will automatically revert to jail time.


Fee Totals


$202.50

$1,000.00

$262.50


Fee Totals

$1,465.00

Condition - Adult

1. Supervised Probation, Supervised per DUI Court contract @ $100/mo. Complete Substance Abuse Evaluation and comply with any recommendations., 24M, 04/26/2023-08/02/2024, Closed 08/02/2024

2. Victim's Panel, 04/26/2023-04/26/2025, Satisfied 08/02/2024

3. Alcohol Education, 24M, 04/26/2023-04/26/2025, Satisfied 08/02/2024

4. Sent to Treatment Court-DUI, 05/03/2023-07/31/2024, Satisfied 08/02/2024

5. Unsupervised Probation, Obey all laws. Notify Court of change of address., 08/02/2024-04/26/2025, Active 08/01/2024

Comment: 1/3/2024 - Probation fees stopped;


License Suspension

Type: Driver's License

Duration: 365 Days

Suspension Date: 10/24/2022

Temporary Driving Permit

Start Date: 03/15/2024

End Date: 10/24/2024

Interlock Device

Start Date: 04/26/2023

End Date: 04/26/2024

Concurrent with ALS

Comment: Or first 30 days absolute. With restricted license to work & probation.


Events and Hearings


  • 09/26/2022 New Case - Criminal

  • 09/26/2022 Citation Filed

  • 09/26/2022 Affidavit of Probable Cause

  • 09/26/2022 Idaho Code 18-8002 Advisory form

  • 09/26/2022 Warrant/Det Order Issued - Arrest

  • 09/26/2022 Bond Posted - Surety

    Comment
    $5,000 - Eve Collins Bail Bonds

  • 09/26/2022 Promise to Appear

    Comment
    Friday, September 30, 2022 @ 8 AM - 12 PM

  • 09/26/2022 County Jail Packet

    Comment
    booking report

  • 09/27/2022 Warrant Returned - Served

  • 09/27/2022 Notice-Appear of Attorney/Plea-Not Guilty/Request Jury Trial

  • 09/27/2022 Request for Discovery and Inspection

  • 09/29/2022 Notice of Hearing

    Comment
    Notice of Hearing (Pretrial Conference)

  • 10/11/2022 Returned/Undeliverable Mail

    Comment
    Copy of 9/29/22 Notice of Hearing to Defendant "No Mail Receptacle"

  • 10/27/2022 Request for Discovery & Response to Request for Discovery

    Comment
    Response to Demand for Sworn Complaint

  • 11/15/2022 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    3:00 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant

    Attorney of Record: Danielson, Michael David

  • 11/15/2022 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 11/15/2022 Continued

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 11/16/2022 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 12/06/2022 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    3:00 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant

    Attorney of Record: Danielson, Michael David

  • 12/06/2022 Court Minutes

  • 12/06/2022 Pretrial Release Order

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Unsigned by defendant

  • 12/06/2022 Sent to Pretrial Supervision

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 12/08/2022 Notice of Hearing

  • 12/12/2022 Pretrial Release Order

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Signed by defendant

  • 12/14/2022 Pretrial Services Agreement

    Comment
    Pretrial Release Agreement in Lieu of Incarceration

  • 12/28/2022 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    3:00 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Stearns, Austin E

    Attorney of Record: Danielson, Michael David

  • 12/28/2022 Court Minutes

  • 12/28/2022 Continued

  • 12/29/2022 Notice of Hearing

  • 01/18/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    3:00 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant

    Attorney of Record: Danielson, Michael David

  • 01/18/2023 Court Minutes

  • 01/18/2023 Continued

  • 01/19/2023 Notice of Hearing

  • 02/28/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    3:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Stearns, Austin E

    Attorney of Record: Danielson, Michael David

  • 02/28/2023 Application for Problem Solving Court

    Comment
    DUI Court

  • 02/28/2023 Notification of Subsequent/Enhanced Penalties

    Comment
    Notification of Penalties for Subsequent Violation of Driving Under the Influence

  • 02/28/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/28/2023 Written Plea of Guilty

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 02/28/2023 Notice of Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 03/01/2023 Sent to Treatment Court - DUI Court

  • 03/20/2023 Pretrial Services Program Review

    Comment
    Pretrial Release Program Progress Report

  • 03/27/2023 Acceptance of Plea and Sentencing

    Original Type
    Acceptance of Plea and Sentencing

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Stearns, Austin E

    Attorney of Record: Danielson, Michael David

  • 03/27/2023 Sentencing Record Packet

  • 03/27/2023 Court Minutes

  • 03/27/2023 Continued

  • 03/27/2023 Notice of Hearing

  • 03/28/2023 Referral to Problem Solving Court

  • 03/29/2023 Notice of Hearing

  • 04/05/2023 DUI Court Hearing

    Original Type
    DUI Court Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    8:15 AM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Stearns, Austin E

    Attorney of Record: Danielson, Michael David

  • 04/05/2023 Court Minutes

  • 04/05/2023 Continued

  • 04/05/2023 Notice of Hearing

  • 04/17/2023 Pretrial Services Program Review

    Comment
    Pretrial Release Program Progress Report

  • 04/26/2023 DUI Court Hearing

    Original Type
    DUI Court Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    8:15 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Swafford, Nicole Lynn

    Defendant: Stearns, Austin E

    Attorney of Record: Danielson, Michael David

  • 04/26/2023 Bond Exonerated

    Comment
    Eve Collins Bail Bonds $5,000

  • 04/26/2023 Withheld Judgment Entered

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 04/26/2023 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 04/26/2023 Order for Ignition Interlock Device

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 04/26/2023 Deferred Payment Agreement

  • 04/26/2023 Supervised Probation Ordered

  • 04/26/2023 Case Final Judgment Entered

  • 05/04/2023 Order of Acceptance in Problem Solving Court

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/08/2023 Acceptance of Plea and Sentencing

    Judicial Officer
    Kershaw, Thomas D., Jr

    Hearing Time
    1:30 PM

    Cancel Reason
    Vacated

  • 05/26/2023 Notice of Completion

    Comment
    Work Detail

  • 12/06/2023 Treatment Court Sanction

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Order for work detail

  • 12/27/2023 Notice of Completion

    Comment
    : Work Detail

  • 01/03/2024 Order to Stop or Modify PSC Fees

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Probation fees

  • 03/15/2024 Temporary Restricted License Application

    Comment
    Application for Restricted Driver's License

  • 03/15/2024 Temporary Restricted License During Suspension

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 05/03/2024 Treatment Court Sanction

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Order for work detail

  • 06/05/2024 Treatment Court Sanction

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Order of community service (converted from WD)

  • 08/01/2024 Notice of Graduation from Treatment Court

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 08/01/2024 Order to Stop or Modify PSC Fees

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    Amended

  • 08/01/2024 Case Closed

  • 08/02/2024 Unmonitored Probation Review

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