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Forty-four Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of October 6, 2008.
Twenty-nine 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 October 6, 2008 were: Kendra R. Moore, Matthew McCasland, Christopher W. Jensen, Megan J. Perkovich, Dusty R. Tilton, Mark T. Horlocker, Guy V. Clark, Benjamin J. Feller, Rita Marie Hovey, Howard C. Lindsey, Joshua Forsyth, Jonathan L. Anonson, Cheryll Yvonne Ritchie, Donna L. Hale, Adam R. Jacobi, Lindsey Kay Shipman, Marco Thomas Nelson-Grimes, Charles William Wells, Dekoda J. Parrish, Kevin L. Hill, Tabby Gearhart, Kathryn L. Mullins, Donald M. Walton, Brian Lee Strait, Steven See, C. Dusty Millard, John Albizo, Tammy Kay Sample, and Matthew J. Bruce.
There was one defendant sentenced this week for Boating while Intoxicated (BWI). That defendant was Timothy J. Hodge. Hodge was sentenced to three days in jail and fined $1,000 plus costs and surcharge. His privilege to operate was suspended for one year and he will be on probation for one year with the Iowa Department of Corrections.
Of those defendants sentenced for OWI first offense this week, twelve had a test of greater than .160 (twice the legal limit) and eight refused the chemical test. One defendant was found guilty and sentenced based upon his operation of a vehicle while under the influence of a drug other than alcohol. The low chemical test among this group was .097 and the high test was .276 (over THREE and ONE HALF times the legal limit).
Ten 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: Michael C. Carpenter (Carpenter was sentenced to two years in prison), Dean B. Morgan (Morgan was sentenced to two years in prison), Gary D. Anderson, Elgin Byron ( Byron was sentenced to complete the program at Fort Des Moines as a condition of his probation; Byron was also convicted of Child Endangerment), Adam J. Berg, Ricky Wilcox, Mark Alexander Mader-Bierman, Lynn R. Robinson, Joseph J. Burkhart, and Dana M. Allen
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .113 to a high of .189 (TWO times the legal limit).four of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the thirty-nine defendants sentenced for OWI first or second offense, twenty-six tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were four 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. Sentenced this week for OWI third Offense were Rulmaro G. Comancho-Flores, David A. Willson, Raif Hadzic, and Amanda Shoemaker. Comacho-Flores, Willson and Hadzic were all sentenced to five years in prison, fined $3125 and had their license to drive revoked for six years. They may serve all or part of their sentence in an OWI facility operated by the Iowa Department of Corrections, such as a facility located on the grounds at Fort Des Moines. Shoemaker was placed on probation for five years. She had spent 165 days in the Polk County Jail and had successfully completed the In-Jail Treatment Program prior to sentencing.
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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