|
|
Thirty-two Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of May 12, 2008.
Twenty-six 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 12, 2008 were: David Lynn Cirksena, Andrea Leigh Dejoode, Candice Rose Sparling, Anthony Foxhoven, Brandon Lee Davis, Scott Alan Murphy, Stephanie Sarah Villasenor, Richard Claude Watson, Rebecca Aileen Hadley, Melissa Nicole Coleman, Kathryn Gale Buban, Russell Eugene Gephart, Steven Edward Ward, Ronnie Dale King, Marilyn Sue Terry, John Douglas Kang Sharp, Adam Walker, Nestor E. Menjivar-Orellana, Sarah Irene Rempt, Gwenda M. Donahoo, Angela Marie Wood, Matthew Richard Sheffler, Gregory Allen Prutzman, Adam James Kelly, Brenda Lorraine Kleywegt and Cory Allen Comegys.
Of those defendants sentenced for OWI first offense this week, ten had a test of greater than .160 (twice the legal limit) and one refused the chemical test. Two defendants were convicted based upon their use of drugs other than alcohol. The low chemical test among this group was .106 and the high test was .270 (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: Bradley James Krause, Dennis Richard Fraser-Woody, Randy Lee Piper, jr., Jeremy Michael Dettman, Clint Able and Gary John Wegrzyn.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .115 to a high of .292.Two of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the thirty-six defendants sentenced for OWI first or second offense, sixteen 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.
|