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Thirty-four Defendants were sentenced for Operating while under the
Influence (OWI) in Polk County District Courts the week of November 3,
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
November 3, 2008 were: Juan Magallon-Olivera, Jerry D. Lavine, Miriam
L. Chisala, Erica S. Johnson, Christopher J. Kennedy, Tyree R. Lewis,
Mark D. Burrell, Lorena Sancen, Jared R. Harlan, Phal How, Sherry West,
Keith D. Connors, Alexander M. Mason, Brian F. Kelly, Lindsey M.
Langlois, Rickie G. Heimbaugh (Heimbaugh was also found guilty of Child
Endangerment, he was sentenced to 14 days in jail) Crystal R.
Peddycoart, Marcus R. Allen, Tim Quang, Katherine M. Lemmo, Christopher
M. Carl, Robert K. Tolson, Rebecca E. Schaeffer, Richard M. Carter, Jr.,
Brian Shea, Daniel Croson,Matthew Wayne Harmon, Jesus Amaya, and Paul A.
Bright, Jr.
Of those defendants sentenced for OWI first offense this week, nine 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 .203 (over TWO 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: Erin Clifford Shocky Mishler, Ryan K. Kreitzinger, Joseph M.
Florez and John C. Lockard.
Of those Defendants sentenced for OWI second offense who took a chemical
test, those tests ranged from a low of .177 to a high of .337 (FOUR
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-three defendants sentenced for OWI first or second
offense, thirteen 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
Mark Oliver Wenck. Wenck was sentenced to five years in prison, fined
$3125 and had his license to drive revoked for six years. All but thirty
days of his sentence was suspended. He will be on probation to the Iowa
Department of Corrections, Fifth Judicial District for the next five
years.
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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