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Fifty Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the weeks of May 26 and June 2, 2008. The week of May 26 was a holiday shortened week for the Courts, so that week’s report is combined with the report of June 2.
Thirty-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 weeks of May 26 and June 4, 2008 were: Scott Joseph Madden, Christian Jose Ucles, Lori Ann Brown, Israel Jacob Kodiaga, Matthew Jay McCaughy, Shane Steve Adams, Matthew Lee Hubbs, Patricia Michelle Sneddon Francine Marie Cowden, Austin Hans Farver, Craig Roberts, Nathan Daniel Jones, Gary Grams, Robyn E. Crandell, Vincent Puls Morris, Lanette Marie Kennebeck, Tracy Lynne Elliott (Elliott was also convicted of Assault on a Peace Officer after she admitted kicking at the arresting Officer and digging her nails into his hand), James D. Bills, Jr., Kristopher Alan Dunn, Tamara Jo Cox, Tyrone Kaare Jorgenson, Reyes Manuel Escobar, Shawna Elizabeth Patton, Kurt Sather, Alban Krasniqi, Elizabeth Jennifer Naert, Joel Frank Carpenter, Nouphone Vongmathep, Arthur T. Deojay, Laurie Lynn Potter, Dennis James Irvin, Matthew A. Mork, Richard Lee Armstrong, Jackie Dale Beeler, Denise Diane Caliguiri, and Todd Martin Fulton.
Of those defendants sentenced for OWI first offense this week, fourteen 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 .098 and the high test was .216 (almost THREE times the legal limit). One Defendant was found guilty and sentenced based upon his use of drugs other than alcohol.
Twelve 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: Jackie Stewart, Peter Akwar, Ryan James Willett, Brenden Patrick Shanahan, Jennifer Elizabeth Barney, Grant Eric Dickinson, Dawn Michelle Rominger, James Paul Blackburn, Alberto Moreno Nolasco (Nolasco was also convicted of two counts of child endangerment for having two minor children in the car with him at the time he was stopped for OWI), Jack Michael Lamont (Lamont was sentenced to 172 days in jail and Two Years of supervised probation. He pled guilty to TWO Counts of OWI Second Offense), Timothy Lee Grimm (Grimm was sentenced to serve 90 days in the Polk County Jail and two years of supervised probation) and David James Richey.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .124 to a high of .323 (almost FOUR times the legal limit). .Four of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the forty-eight defendants sentenced for OWI first or second offense, twenty-seven tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were two 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. The Defendants sentenced for OWI Third Offense the weeks of May 26 and June 4, 2008 were: James Patrick McBee and Lance Walters. Both McBee and Walters were sentenced to serve five years in prison, fined $3125 and had their license to drive revoked for six years. All or part of their prison sentence may be served at an OWI facility operated by the Department of Corrections, such as the one located on the grounds at Fort Des Moines.
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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