|
|
Thirty-Two Defendants were sentenced for Operating while under the
Influence (OWI) in Polk County District Courts the week of October 27,
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 27, 2008 were: Randy R. Burgett, Jr., Matthew E. Cervantes, Amy
Hassebrock, Mandy L. Schwenneker, Jose A. Hernandez-Ruiz, Tracy J.
Adams-Storey (Adams was sentenced on two counts of OWI first offense.
The Judge sentenced her to spend 45 days in the Polk County Jail. She
may be released with electronic monitoring if she qualifies.), Maritza
M. Bernardino, Patrik T. Hendrickson, Jonathan Garcia, Margaret A.
Brown, Lynette G. Updegraff, Jose D. Gallegos Guzman, Ojut L. Arino,
Cynthia M. Bell, Francisco V. Hernandez, Matthew Slavin, Phouthavong
Keopraseuth, Steven C. Mailey, Nicholas R. Taylor, Luis
Delgado-Hernandez, Barry J. Garland, Jr., Jordon M. Naber, Troy S.
Bauer, Jacob R. Wiese, Ashley N. Fields, Jose Luis Ranilla Vera, Manuel
Morales, Angela L. Roberts, and Stanley A. McGraw.
Of those defendants sentenced for OWI first offense this week, twelve
had a test of greater than .160 (twice the legal limit) and four refused
the chemical test. The low chemical test among this group was .087 and
the high test was .286 (over THREE and ONE HALF times the legal limit).
Three 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: James Curtis Rutherford, Tyler R. Dix and Christopher D.
Fiddelke.
Of those Defendants sentenced for OWI second offense who took a chemical
test, those tests ranged from a low of .157 to a high of .292 (almost
four times the legal limit).
Of the thirty defendants sentenced for OWI first or second offense,
seventeen 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.
|