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Thirty-five Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of September 29, 2008.
Thirty 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 29, 2008 were: Boodsakham M. Macvilay, Mekissa J. Zager, Rashaan E. Conley, Joey W. Peterson, Christian Hunley, Filip V. Hirstov, Patrick A. Path, Angela Renea Randolph, Justin R. Gerlach, Mindy L. Belew, Michael W. McKee, Astaire M. Pool Kean, Alma Hadzio Merovic, Tracie L. Edwards, Miguel Angel Miranda, Deborah A. Stratton, Cassidy L. Crawford, Michelle Bouchier, Chad S. McBride, Gary L. Benjamin, Michael Scott Thorsen, Douglas Kent Griffith, Jennifer B. Emery, Hai H. Tran, Seku C. Moore, John Anthony Collins, Jerry J. Hoehle, Russell E. Foust, Adam R. Saltzman, and Jesse L. Wedgeworth.
Of those defendants sentenced for OWI first offense this week, twelve had a test of greater than .160 (twice the legal limit) and five refused the chemical test. The low chemical test among this group was .103 and the high test was .227 almost THREE times the legal limit. One defendant was sentenced based upon his use of a drug other than alcohol.
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: Erica Walker, Matthew David Siepmann, Kurt Allen Schwartz, and Gilbert Alan Miller.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .178 to a high of .234 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 thirty-four defendants sentenced for OWI first or second offense, twenty-two tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There was one defendant 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. Sentenced this week for OWI third Offense was David Bruce Stitt, II. Stitt was sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years. Stitt may serve all or part of his sentence in an OWI facility operated by the Iowa Department of Corrections, such as a facility 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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