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Thirty-four Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of July 7, 2008.
Twenty-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.
Those defendants being sentenced for OWI First Offense the week of July 7, 2008 were: Aimee Lynn Besch, Jeffrey Salvatore Garretto, Jason Lee Schultz, Shelly Miller, Aasha Jamile Edwards, William Scott Stroud, Gregory Gene Denhartog, Marcus Alan Johnson, Brandy Marie Howard, Antonio Garcia, Nicholas Dorian Halfhill, Christy Pritchard, Hope Rene Alhers, Amanda Leigh Mohr, Susanna Kay Hinds, Justin James Baccam, Kathleen Elizabeth Grant, Robert James Hooper, Corey Allen McBride, Billie A. Davis, Antonio D. Sutton, Billy Kaye Proctor, Haris Dzafic, Courtine Carol Ann Clemons, and Linsey Langkamp.
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 .090 and the high test was .252 (over THREE times the legal limit). Two defendants refused the chemical and one was convicted based upon his use of drugs other than alcohol.
Nine 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: Damir Dzinic, Steven Robert Archer, Shaun David Shelly, Tyler John Vanni, Michael Ray Huffman, Todd David Pfannebecker (this defendant was sentenced to serve a two year prison sentence and fined $1875), Jawayne L. Boens, Amber Rose Galloway, and James Russell Hultman. Hultman was sentenced to two years in prison, but the sentence was suspended. He will remain in jail until a treatment bed becomes available at the Mount Pleasant treatment facility and will complete that program before being released back into the community on probation. Hultman’s Blood/Alcohol level at the time of his arrest was .366, four and one half times the legal limit.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .169 to a high of .366 (FOUR and one half times the legal limit).Four of these defendants refused the chemical test l. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
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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