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OWI
Sixty-eight Defendants Sentenced For OWI The Weeks Of March 22, 2010 And March 29, 2010

Sixty-eight Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the weeks of March 8 and March 15, 2010.

Fifty-four 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 March 22 and March 29, 2010 were: Danielle M. Greenfield (.094), Nathan Daniel (.095), Timothy Korpela (.109), Larry D. Hoeppner (.112), Genaro O. Mata, Sr. (.113), Stevan S. Smith (.117), Mary A. Hood (.122), Joel K. Lemke (.118), Jose R. Hernandez-Barahon (.118), Behzad Beygi (.124), Lisa A. Blunk (.125), Bryan M. Tiedeman (.126), Kyle D. Brand (.127, Jordan R. Croft (.129), James R. Madewell (.132), Jenna L. Connolly (.136), Brittany N. Fowler (.138), Scott A. Houseman (.142), Terrence O’Connor (.143), Chad D. Mills (.145), Donna J. Graeff (.150), Michael Charles Hackman (.153), Nyok Amieth Kongroar (.158), Andrew Keith Roberts (.159), Mallory S. Thompson (.160), James S. Spiller (.160), Kristen M. Boggs (.164), Brian Dreesman (.178), David Stuart (.181), Ashley M. Grandstaff (.181), Joshua J. Bach (.182), Justin C. Bowen (.183), Jorge Garcia (.185), Douglas W. Losee (.189), Steven Pollock (.190), Shawn M. Dickerson (.191), Samuel Ites (.96), Megan K. Davis (200), Michelle Lane (.206), William Sears (.207), Lyle D. Fry (.208), Robert D. Carpenter (.231), Alyssia Rivera (.236), Steven R. Pautvein (.252), Thomas L. Heither (REF), Thomas Freeland (REF), Daniel Ockenfels (REF), Pascual Arena (REF), Jessi Fenton (REF), Stephen R. Dillinger (REF), Adam J. Wedig (REF), Santos Trujillo-Valle (REF), Lisa I. Gyles DRE, (Giles was sentenced on TWO counts of OWI First Offense, she was sentenced to fifteen days in jail and fined $2500), and Peter Contrell Coleman (DRE).

Of those defendants sentenced for OWI first offense this report, twenty had a test of greater than .160 (twice the legal limit) and seven refused the chemical test. The low chemical test among this group was .090 and the high test was .265 (THREE and one half times the legal limit). Three 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 77. The age group 18-25 comprised 40.7% of those who were sentenced this reporting period.

Twelve 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 report were: Elizabeth Yori (.100), Bryan Holley (.169), Ernesto Tapia Valladares (.194), William Lopez (.202), Marc T. Nobile (.240), John M. Freet (.246), Gregory Huse (.253), Varell Wiley (DRE), James M. Hagins (REF), Cody J. Wade (REF), Steven J. Oberbroeckling (REF), and Stephanie J. Erickson (REF).

Of those defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .100 to a high of .253 (almost three times the legal limit). Two of these defendants refused the chemical test, and two were sentenced based upon their use of drugs other than alcohol. The State of Iowa has a legislatively set, presumptive level of intoxication of .08. The twelve defendants found guilty of OWI Second offense ranged in age from 25 years of age to 51 years of age with a mean average of 31 years of age at the time of their offense.

Of the sixty-eight defendants sentenced for OWI first, second or third offense, forty-three (63%) tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.

There were two defendants sentenced this report 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 report was: Ray D. Lipscomb (REF) and Brooker Benjamin Illingworth (.231). Lipscomb and Illingworth were sentenced to five years in prison, fined $3125 and had their driving privileges revoked for six years. All or part of their 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.

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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