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Nineteen Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of May 5, 2008.
Thirteen 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.
Those defendants being sentenced for OWI First Offense the week of May 5, 2008 were: Stanley Harold Satterfield, John David Redig, Eric Alaniz, Troy Lyndon Wissink, Steven Jay Gersdorf, Joseph Chantry Davison, Matthew Lewis Ross, Joshua Richard Barrett, John Wiyul Piu, Dennis Michael Johnson, Jr., Rebecca Smith Beach, James Dean Olson, and Melissa Bonanno.
Of those defendants sentenced for OWI first offense this week, four had a test of greater than .160 (twice the legal limit) and one refused the chemical test. The low chemical test among this group was .102 and the high test was .278 (over THREE times the legal limit)
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 $5,000. 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: Tony Michael Fuller, Joseph Patrick McCarron, Pennie Renee Cleghorn, James Robert Miller, Kenneth Hayes and Ernest Shillak, IV. Shillak was sentenced to two years in prison and fined $1875. His license to drive was revoked for six years because Shillak has had three or more OWI convictions in his lifetime.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .170 to a high of .183.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 nineteen defendants sentenced for OWI first or second offense, ten 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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