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Fifty-one Defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of November 23 and 30, 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 November 23
and 30, 2009 were: Nicholas J. Gjerde (.133), Richard D. Rausseau (.085) Blaine
L. Schulz (.091) Rachael M. Clark (.107), Corey W. Guessford (.113), Sergio Santoyo
(.108) and (.132) Santoyo was convicted of two separate charges of OWI First Offense
and sentenced to 63 dfays in the Polk County Jail, James L. Hackbarth (.115), James
J. Anson (.126), Jennifer M. Conder (.128), Jordon Holcomb (.129), Jason Feldman
(.133), Richard L. Downs (.136), Robert E. Biittner (.139), Daniel Hardee (.141),
Jeannine E. Rolfes (.143), Patrick K. Kurtz (.144), Laura M. Kadar (.146), Nicole
G. Lund (.149), Jihn K. Vogl (.155), Amanda R. Schnier (.150), Robert F. Shaw (.158),
Landon J. King (.163), Aaron M. Campisi (.165), Clayton T. Askland (.167), Daniel
C. Forester (.166), Amanda Troup (.169), Tyler M. Rainey-Burkhead (.173), Mark A.
Brinkman (.176), Megan E. Lindell (.178), Chelsea Moss (.184), Tyler C. Bovee (.187),
Robert M. Glissman (.188), Stephanie R. Moses (.188), James P. Schappert (.191),
Nathaniel P. Roth (195), Robert A. Edmonds (.203), Megan R. Burke (.219), Kathleen
O’Donnell (.234), Trisha A. Carr (.243), Doreen L. Mead (REF), Khom Van Trinh (REF),
Melissa M. Daye REF), Stephen Smith (REF), Willie D. Beasley (DRE), and Shawn M.
Reetz (REF).
Of those defendants sentenced for OWI first offense this week, seventeen had a test
of greater than .160 (twice the legal limit) and five refused the chemical test.
The low chemical test among this group was .085 and the high test was .243 (THREE
times the legal limit). One defendant was found guilty and sentenced based
upon his use of drugs other than alcohol.
Six 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: Laurea E. Postal (145), Kevin P. Winters (.202),
William Wilmouth (DRE), Michael James Durgin (REF), Jeffrey K. Heinbuck (REF), and
Joy Yingst (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .145 to a high of .202 (TWO and ONE HALF
times the legal limit). Three of these defendants refused the chemical test and
one defendant was found guilty and sentenced based upon his use of drugs other than
alcohol. The State of Iowa has a legislatively set, presumptive level of intoxication
of .08.
Of the fifty-one defendants sentenced for OWI first or second offense, twenty-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 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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