|
|
Twenty-five Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of August 4, 2008.
Nineteen 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 August 4, 2008 were: Gary C. Moses, James Shipman, Nicole Kyle Bunce, Ronald Mark Huth, Martin Victor Vitek, Lydia Beth Hiveley, Randy Howard Stanley, Joshua Louis LeFlore, Amanda Sue Lester, Andrew Anderson, Paul Raymond Hollwager, Heather Amelia Greenwood, Thomas Gerald Neal, Daniel Timothy Roach-Lantz, Amy Lynn Van Pelt, Kristen Marie Knauss, James Blake Flynn, Skyler Wirtz and Randy Gene Fry.
Of those defendants sentenced for OWI first offense this week, fifteen had a test of greater than .160 (twice the legal limit) and two refused the chemical test. The low chemical test among this group was .148 and the high test was .244 (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: Salvador Sanchez, Kristie Kay Goble, John Russell Kephart, Lisa Ambrozic, William Olan Weatherly, and Robert Eugene Taylor.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .166 to a high of .204 (two and one half times the legal limit).Three of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the twenty-five defendants sentenced for OWI first or second offense, twenty-three 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.
|