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Forty-one Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of August 11, 2008.
Thirty-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 August 11, 2008 were: Jon David Lloyd Baker, Clinton Cole Renshaw, Jason Douglas Damerval, John Harris, James H. Ogle, Ernesto Carlos-Montes, Armando Hernandez, Jhamel Donta Booker, Kari Jo M. Anderson, Michelle Lynn Wilbert, Jared E. Davis, Joel Konen, Ermin Mutopcic, Luis Alirio Dominguez, George Marcus Greene, Christopher Ely mirich, Geronimo Rojas Garcia, Darwin Richard Haneca, Carmen Torrance, Julio Alejandro Campos-Pira, Kristin Jeanne West, Joseph Charles Short, Phillip Richardson, Alexander Santiago Ulfe, Marcus DeShon Mohorne, Anthony Ramirez, Janelle Lynn Hitsman, Randy Scott Huntbach, Edward James Keltner, Ryan Ernest Hagen, Joel P. Bohenkamp, Gregory Carl Holiday, William Lee Carr, Liobardo Raygoza-Revels and Darrell Isiah Peavy.
Of those defendants sentenced for OWI first offense this week, seventeen had a test of greater than .160 (twice the legal limit), one refused the chemical test and two defendants were found guilty and sentenced based upon their use of drugs other than alcohol.. The low chemical test among this group was .093 and the high test was .273 (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: Charles Dock, Hardy Eugene Bronson, Scott J. Meislahn, Brian J. Herrity, Robert M. Iverson and Steven Phares. Phares was sentenced to two years in prison and fined $3125. His license to operate was revoked for six years. This was the fifth lifetime conviction that Phares has had for OWI.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .122 to a high of .241 (Three times the legal limit).One of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the forty-one defendants sentenced for OWI first or second offense, twenty-five 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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