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Twenty-seven Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of May 19, 2008.
Twenty-four 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 19, 2008 were: Kenneth Dell Wheeler, Frederick Owen Morrill, Nathan Thomas Finestead, Justin David Johnson, Richard O. Gorman, Natalie Dawn Morrow, Seth Ryan Robb, Robert Leroy Davis, Dylan Thomas Quinn, Brandon L. Edwards, Ryan Glen Townsend, William Michael Leonard, Lisa Gathercole, Peter Jason Bucher, Christopher Lee Gabbard, Ann Marie Harris, Diane Marie Harris, Glen Rendell Umbaugh, Brandon Jay Chandler, Angie Nichelle McDonald, Danny Edward Comegys, Robert Gene Miller, Daniel John Goldman and Marque Adarryl Wilder. Comegys was sentenced to serve 90 days in jail concurrent with a sentence for violation of probation on a previous charge. Others received sentences ranging from three days in jail to 12 days in jail. Four defendants with low blood/alcohol tests were granted deferred judgments, meaning that there will be no record of conviction and no sentence of jail time if they successfully complete probation. Defendants who test over .150 or who refuse to take the chemical test are ineligible for a deferred judgment. All of these defendants will be on probation to the Iowa Department of Corrections following their release from jail.
Of those defendants sentenced for OWI first offense this week, twelve had a test of greater than .160 (twice the legal limit) and four refused the chemical test. The low chemical test among this group was .122 and the high test was .228 (almost THREE times the legal limit)
Three 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: Michael Laverne Higgins, Jr., Brad Lee Thompson and Erica Joy Otterby.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .127 to a high of .209.Oneof 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 Twenty-seven defendants sentenced for OWI first or second offense, seventeen 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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