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Fifty-three Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of January 11 and January 18, 2010.
Forty-two 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 January 11 and
January 18, 2010 were: Tha Moo (.106), Max L. Rankin, Jr. (.125), Jacqueline S.
Blue (.125), William J. Graham (.130), Mark A. Miller (.133), Cory D. Abbas (.134),
James G. Wilson (.135), Alisha S. Fagan (.137), Monique N. Pinkins (.140), Michelle
L. Pecina (.140), Donnie McFadden (.140), Megan C.Danielson (.146), Ryan R. Ostring
(.157), Edward J. Sly (.157), Rachael C. Rhoades (.160), Trenton Severseicke (.166),
Kelly Willard (.178), Lindsay M. Owens (.179), Brandee Bolman (.184), Baldemar Hernandez,
Jr. (.190), Ale Pjanic (.196), Samuel R. Reese (.199), Glen Pike (.200), Patrick
J. Clark (.203), Brandon S. Haugland (.206), Travis R. Baughman (.206), Timothy
L. Schlickman (.207), Timothy S. Steltner (.209), George E. Jones (.220), Nicholas
M. Broderick (.221), Jacob F. Baltzley (.221), Brian T. Glanz (.233), Ronald A.
Diaz (.269), Wesley P. Nemmers (.316), Darryl L. Mosley (REF), Ashley Glover (REF),
Marcos Hernandez Anorve (REF), Jonathan Beattie (REF), Nicholas S. Harriman (REF),
Dena A. Williams (REF), Jeffrey R. VanGundy (REF), and Lizabeth Lynner (REF).
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.
The low chemical test among this group was .106 and the high test was .316 (THREE
and ONE HALF times the legal limit). The mean average age of these
first time offenders was 27 years of age. The youngest was 18 and the oldest 69.
The age group 18-25 comprised 45% of those who were sentenced for OWI First Offense
this reporting period.
Eleven 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: Robert G. Hood (.128), Brad Bernard
Codner (.131), Tyrone Hale (.132), Ashlee M. Levang (.147), Sean M. Wall (.168),
Christopher R. Garmon (.176), Meghan T. Powers (.179), Matthew D. Berkland (.185),
Brian R. Tyler (.218), Julia C. Mahlstadt (.241), and Ron Sease (.255).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .128 to a high of .255 (THREE times
the legal limit). None of these defendants refused the chemical test. The State
of Iowa has a legislatively set, presumptive level of intoxication of .08. The thirteen
defendants found guilty of OWI Second offense ranged in age from 23 years of age
to 55 years of age with a mean average of 32 years of age at the time of their offense.
Of the fifty-three defendants sentenced for OWI first, second or third offense,
thirty-four (64%) tested over .160 (twice the legal limit), refused testing or were
arrested for driving under the influence of drugs other than alcohol.
There were no defendants 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.
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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