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Seventy-two Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of November 9 and November 16, 2009.
Forty-seven of those defendants were sentenced for OWI First Offense. OWI, First
Offense is a Serious Misdemeanor, punishable by a maximum sentence of one year in
the County Jail and a maximum fine of $1250. The Court MUST impose
a minimum of two days incarceration and a fine of $1,250, upon conviction. Blood
Alcohol levels are shown below in parentheses. DRE indicates that the conviction
was based upon use of drugs other than alcohol. REF means that the defendant refused
the chemical test. A deferred judgment (non-conviction) is usually available to
those defendants who test below .150 for a first offense.
Those defendants being sentenced for OWI First Offense the weeks November 9 and
November 16, 2009 were: Dustin Rhodes (.092), Michael Whitaker (.098) (Whitaker
was also found guilty of Child Endangerment for having a child in his vehicle while
driving under the influence), Codi M. Cox (.099), Matthew Foster (.103), Charles
Oliver (.108), Tyler L. Sheffield (.111), Kevin M. Halfpop (.114), Thomas J. Oertli
(.118), Catherine R. Laughman (.119)(Laughman was also found guilty of Child Endangerment
for having a child in her vehicle while driving under the influence), John Ramsey
(.120), Jamie N. Belcher (.125), Hussein Muwonge (.126), Luis C. Fuentes (.127),
Kyle W. Reeves (.130), Thomas Breheny (.131), Anthony A. Strang (.137), Randall
L. Mason (.139), Robert Stradley (.140), Darci Reynolds (.155), Alex M. Downey (.157),
Clayton Pinkerton (.163), Daniel Grisvold (.170), Adam J. Siedel (.171), Oscar Roman
(.173), Kathryn M. Robertson (.173), Steven L. Cole (.177), Timothy L. Loy (.179)
Jammal R. Clarkson (.181), Douglas G. Tychsen (.185), Alaina R. Powell (.186), Curtis
P. Dobraska III (.191), Nicholas S. Vos (.194), Jason T. Hauser (.195), Heidi Hockensmith
(.214), James Flores (.227), Sara M. Slater (.228), Tammy Wilson (.280), Jose Devora-Lopez
(.285), Rebecca Tidball (REF), Lance Brodene (REF), Jomo Brown (Brown was convicted
of two counts of OWI First Offense, he refused testing on both occasions)(REF),
Timothy Vancleave (REF), Raul Moreno (REF), Ashley Arnold (REF)Monte M. Dilliner
(REF)Carlos Lata (REF), Shana Lamar (DRE), Mark A. Robinson (DRE), Simeon Shane
Mihoces (DRE), Junior V. Quiah (DRE)Annette M. Hammes (DRE), and Charles B. Caligiuri
(Caligiuri was convicted of boating while intoxicated (BWI) and was sentenced to
serve two days in jail and fined $500).
Of those defendants sentenced for OWI first offense this week, eighteen had a test
of greater than .160 (twice the legal limit) and twelve refused the chemical test.
The low chemical test among this group was .092 and the high test was .285 (THREE
and ONE HALF times the legal limit). Five defendants were found guilty
and sentenced based upon their use of drugs other than alcohol.
Eighteen defendants were sentenced for OWI Second Offense. OWI second offense is
an Aggravated Misdemeanor punishable by up to two years in prison and a fine of
up to $6250. The Court MUST impose a minimum of seven days incarceration
and a minimum fine of $1875 upon conviction of Second Offense OWI. The defendants
sentenced for OWI second offense this week were: Rex Rhiner (.103), Megan S. Sullivan
(.106), Tyler G. Morrison (.119), Dennis E. Blackwell (.131), Aaron O. Bowen (.127),
Bobbette D. Hobbs (.137), Ryan M. Moses (.142), Joshua LeFlore (.158), Jeffrey R.
Moffatt (.173), Jacob M. Brannen (.180), Corey M. Kelleher (.202), Tyler Althus
(.226), Vicki A. Delaria (test results suppressed by the court), Jose Aldana-Maturino
(REF), Arnold A. Lubavs (REF), Ryan S. Brodie (REF), and Ross A. Burgart (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .103 to a high of .226 (TWO and ONE HALF
times the legal limit). Six of these defendants refused the chemical test. The State
of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the Seventy-two defendants sentenced for OWI first, second or third offense,
forty-four tested over .160 (twice the legal limit), refused testing or were arrested
for driving under the influence of drugs other than alcohol.
There was one defendant sentenced this week for Third Offense OWI. Third Offense
OWI is a Class D felony, punishable by up to five years in prison and by a fine
of up to $7500. The Court MUST sentence a Defendant convicted of
Third Offense OWI to a minimum of thirty days in jail and a minimum fine of $3125.
Sentenced this week was: Dustan Dennis Smith. Smith was sentenced to five years
in prison, fined $3125 and had their driving privileges revoked for six years. All
or part of his prison sentence may be served in an OWI Correctional Facility such
as the one operated by the Department of Corrections at the Fort Des Moines facility.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office.
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