|
|
Fifty-nine Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the weeks of July 13 and July 20, 2009.
Forty-five 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 of July 13 and July 20, 2009 were:
Manuel Benitez (.093), Steven Wilson (.098), Jessy J. Ayala (.102), Shanna M. Gilpatrick (.107), Darcina Hahn (.109), Adrian Flores (.112). Flores was also sentenced for Attempting to Elude. He was sentenced to a total of 265 days in jail. His probation for Willful Injury was revoked and he was ordered to prison. Others sentenced were: Amie L. Carlo (.114), Richard S. Walker (.117), Sengngeun Lovan (.121), Thomas A. Jones (.128), Jesus Reyes (.130), James M. Weiss (.130), Paul H. Carroll (.140), Ryan W. graves (.149), Courtney R. Kolontar (.151), James E. Brown (.152), Marion D. Kessler (.153), Igor Crncevic (.162), Christopher J. davis (.164), Derrick A. Nicol (.167), Chad R. Orr (.167), Ross A Beeson (.170), Ryan P. Corwin (.171), Julie M. Agee (.175), Huy K. Do (.176), Deanna L. Dunn (.182), Cesar Cabrera, Jr. (.186), Vahid Zukic (.186), Brian K. Vaux (.190), Adam D. Williams (.186), Brian J. Beener (.193), Amanda M. Conner (.205), Andrew C. Meyer (.208), Jose R. Mejia-Recinos (.213), Kyle Parker (.215), Cody L. Current (.237), Taylor S. Whinery (.385), Timothy J. Murray (REF), Angela Standlee (REF), Vikki Fisher (REF), Wilber A. Posada (REF), Anthony D. Gordon (REF), Gale A. Miller (REF), Joseph Fitzgerald (REF), and Raymond Joseph Brooks, Jr. (DRE).
Of those defendants sentenced for OWI first offense this week, twenty had a test of greater than .160 (twice the legal limit) and seven refused the chemical test. There was one defendant who was convicted based upon his use of drugs other than alcohol. The low chemical test among this group was .093 and the high test was .385 (FIVE times the legal limit),
Twelve 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: Michael R. Cline (.110), Drew A. Richardson (.114), Kimberly Riesterer (.133), Krystal F. Page (.151), Steven Reimer (.164), Lyle W. Ellenwood, Jr. (.167), Alvaro Davila (.169), Dennis W. Hiatt (.205), Americo Montelongo, Jr. (.234), Stanley H. Satterfield, Jr. (REF), Roscoe Vacco (REF) and Kris A. Lake (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .110 to a high of .234 (Three
times the legal limit).Three of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the fifty-nine defendants sentenced for OWI first or second offense or third offense OWI, thirty-eight tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were two defendants sentenced this 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 were: Lyndon B. Johnson (REF) and Brett H. Harris (.164). Johnson and Harris were sentenced to five years in prison, fined $3125 and had their driving privileges revoked for six years. All or part of their prison sentences 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.
|