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Twenty-five Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of September 1 , 2008. This was a Court shortened week because of the Labor Day holiday on Monday.
Twenty-one 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 September 1 , 2008 were: Travis Jermaine Kennedy, Paul Earl Stokes, Jason D. Selmer, Keith S. Soldwisch, Kathleen Marie Kennedy, Carlos Granja, Cory Dean Waddell, Bradley M. Brenizer, Tonja M. Talbert (Talbert was also found guilty of Driving while Revoked, she was fined an additional $1,000 on that charge), Jeremy S. Hughes, Aaron C. Ganoe, Brittany N. McAfee, Michelle A. Dorrance, Gumaro Escareno-Chavez, Keith L. Kapsch, Martin Castruita-Valdez, Alfred Carrillo, Tracey Aaron Cornell, Ryan C. King, Craig A. Lynn, Oscar Martinez-Arguelles and Michael Douglas Hochstetler.
Of those defendants sentenced for OWI first offense this week, ten had a test of greater than .160 (twice the legal limit) and one refused the chemical test. The low chemical test among this group was .111 and the high test was .273 (over THREE and ONE HALF times the legal limit).
Four 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: Jessica C. Keenan, Austin B. Caldwell (Caldwell was also found guilty of Driving while Barred, he served a total of 92 days in jail on these charges and will be on probation for the next two years), Jessica Catherine Mensing-White (White was also found to have violated probation on a previous case; she served 80 days in jail and will be released on probation to a residential treatment program), and Brian Keith Eck (Eck was also found to be in violation of probation on a prior charge; He will serve 30 days in jail and be released back onto probation with additional conditions of probation including extended out-patient treatment).
All four 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, fifteen 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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