|
Sixty-nine defendants were sentenced for Operating while under the Influence (OWI)
in Polk County District Courts the weeks of December 21, and December 28, 2009 and
January 10, 2010.
Fifty-five 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. Blood
Alcohol levels are shown below in parentheses. DRE indicates that the conviction
was based upon use of drugs other than alcohol. REF means that the defendant refused
the chemical test. A deferred judgment (non-conviction) is usually available to
those defendants who test below .150 for a first offense.
Those defendants being sentenced for OWI First Offense the weeks of December 21,
and December 28, 2009 and January 10, 2010 were: Halbert R. Gibson, Jr. (.090),
Brenda L. Sinclair (.143), Richard J. Heil (.109), Bertoldo Zuniga (.093), Bridget
Marie Zajac (.096), Thien M. Luong (.101), Ho Tran (.107), Linda R. Oatley (.115),
Tyler L. Roberts (.118), Nicholas G. Beattie (.120), Wendy Sagastume (. 128), Daniel
Helmers (.128), Cy W. Fox (.132), Michael L. Terrell (.133), Konah Dasssin (.133),
Zachary J. Ramer (.135), Lucas J. Storey (.141), Melinda H. LaCasse (.150), Stephen
P. Swartzlander (.153), Nathan Plumb (.155), Robert E. Cassedy (.155), Sarah E.
Levere (.158), Martin Varela (.161), Jason P. Bozell (.162), Beth A. Nolin (.163),
Chad R. Moore (.167), Cambi R. Graw (.171), Julie M. Stanley (.173), Sean Patrick
Lewis (173), David D. Castellanos (.175), John M. Donahey, Jr. (.176), Justin J.
Bahnsen (.179), Dayona Barrett (.182), Shannon Haddad (.183), Henry D. Hanson (.186),
Alexander H. Bachman (.187), Niki A. Miller (.191), Derek J. Mechaelsen (.204),
Sharon A. Sullivan (.210), Alex Heggen (.219), Cory R. Bissell (.225), Daniel Beeman
(.235), Mario M. Carpio-Sandoval (.248), Christine K. Roberts (.267), David W. Harper
(.297), Steven M. Bye (REF), Nataniel B. Birru (REF), Leanne M. Braby (REF), Ronald
E. Morris (REF), Nicholas L. Seydel REF), Joel M. McCoy (REF), Lindsey M. Walker
(REF), Skylar J. Smothers (REF), Eric E. Green (DRE), and David P. Wood (.060 &
DRE).
Of those defendants sentenced for OWI first offense this week, twenty-three had
a test of greater than .160 (twice the legal limit) and eight refused the chemical
test. The low chemical test among this group was .090 and the high test was .297
(THREE and ONE HALF times the legal limit). Two defendants were
found guilty and sentenced based upon their use of drugs other than alcohol. The
mean average age of these first time offenders was 28 years of age. The youngest
was 18 and the oldest 65. The age group 18-25 comprised 38% of those who were sentenced
this reporting period.
Thirteen 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 $6250. 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: Jason L. Morrison (.097), Eduardo
Contreras (099), David Walker (.118), Joshua Higday (.124), Diane M. Preston (.132),
Lacie L. Woods (.169), Nicholas T. Butler (.194), James Frederick Peterson (.221),
Donald Wiggins (.242), Steve R. Dingman (REF), Robert D. Hraha (REF), Agripino Martinez
Mendoza (REF), and Sean Patrick Cunningham (REF).
Of those defendants sentenced for OWI second offense who took a chemical test, those
tests ranged from a low of .097 to a high of .242 (THREE 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. The thirteen
defendants found guilty of OWI Second offense ranged in age from 23 years of age
to 47 years of age with a mean average of 29 years of age at the time of their offense.
Of the sixty-nine defendants sentenced for OWI first, second or third offense, forty-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 was: Jared Frost (REF). Frost was sentenced to five years in
prison, fined $3125 and had his driving privileges revoked for six years. All or
part of his prison sentence may be served in an OWI Correctional Facility such as
the one operated by the Department of Corrections at the Fort Des Moines facility.
Frost was 29 at the time of sentencing.
These cases were prosecuted by attorneys assigned to the Intake and Screening Bureau
of Polk County Attorney John Sarcone’s Office.
|