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One Hundred three Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the weeks of July 5, July 12 and July 19, 2010.
Eighty 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 July 5, July 12 and July 19, 2010: Rose L. Vanrees (.060) (Vanrees was also sentenced for Eluding, she was sentenced to serve 30 days in jail on the two charges), Jesus Seniseros (.089), Han N. Ho (.093), Sara I. Mills (.093), Lisa J. Fuller (.096), Travis Naimi (.098), Brian J. Erickson (.104), Dana W. Lohff (.106), Robert L. Green, III (.107), Tyler Raymond (.108), Robin T. Brooks (.108), Maria Endres (.113), Luis G. Gomez-Villasana (.114), Angela K. Williams (.115), Jennie L. Williamson (.117), Ronald J. Williams (.118), David C. Tate (.121), Justin P. Nielsen (.122), Loren A. Goodwin, III (.124), Aaron M. Biddle (.125), Donna J. Smith (.127), Kyle J. Fraser (.129), Travis J. Heger (.131), Eric J. Cavan (.136), Julian D. Kalk (.137), George A. Thomas (.137), Amanda S. Gustafson-Gleason (.139), Andrew K. Behanish (.139), Christy Baccam (.143), Matthew T. Fichter (.145), Elizabeth L. Garland (.145), Jodi N. Brockman (.147), Jana W. Speyrer (.154), Jeffrey L. Wright (.154), Courtney D. Tamburo (.155), Tythe E. Lenhart (.156), Luis F. Reyes (.157), Ryan D. Evans (.160), Benjamin L. Mingus (.165), Merle L. Hayes (.165), Jose Flores (.167), Lyndsie R. Foster (.168), David J. Cunningham (.173), Timothy Niswander (.178), Tyler J. Johnson (.181), Zachary A. Mundy (.187), Ryan R. Sesker (.189), Jason D. Wonderlich (.194), Jesus A. Vega (.197), Kelly N. Kast (.197), Noel D. Treibel (.210), Julie R. Hartung (.211), Heather K. Castro (.215), Oscar Perez-Soto (.218), Mauricio E. Romero (.221), Katherine A. Klein (.227), Jeffrey D. Bates (.232), Stephanie P. Eide (.232), Christopher M. Whitfield (.236), Peter Suah (.239), Jeffrey D. Bates (.252) (This was Bates 2nd First Offense. He was sentenced to serve 15 days in the Polk County Jail and fined $1250 on each count), Robin L. Stewart (.272), Gregory R. Touminen (.REF), Andre D. Newell (REF), Olivia Caldwell (REF), Johnny C. Ford (REF), Linda L. Wells (REF), Joshua Vaughn (REF), Shay T. Acheson (REF), Timothy J. Lamberti (REF), Amanda Schneider (REF), Benjamin V. Bated (REF), Emir Hodzic (REF), Gustavo T. Luna (REF), Scott A. Dougherty (REF), Jonathan L. Fier (DRE), Jon C. Jarnagin (DRE), Timothy Bonnett (DRE) (Bonnett was also convicted of Possession of a Controlled Substance. He will serve 19 days in jail and be on probation for both offenses for one year.), Cesean Kitchen (DRE), Kelly C. Ford (DRE), and Trevor J. Ward (DRE).
Of those defendants sentenced for OWI first offense this report, twenty-five had a test of greater than .160 (twice the legal limit) and thirteen refused the chemical test. The low chemical test among this group was .060 and the high test was .272 (THREE and ONE HALF times the legal limit). Seven 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 27.5% of those who were sentenced this reporting period.
Twenty-two 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: Derek R. Baldwin (.114), Nicholas Ward Robinson (.124), Rachel B. Hamilton (.130), Bryan J. Lundquist (.132), Matthew R. Harris (.137), Sean M. Vasey (.180), Logan E. Moss (.180), Victor M. Jauregui (.187), Daren R. Davis (.190), Adam D. Batcheller (.200), Thomas A. Stewart (.208), Sarah A. Staiert (.216), Erin Kelinson (.226), Miguel Moreira (.250), Zachary S. Jordon (.253), Christopher Place (.301), Cameron Heitkamp (.323), Norman Wells, Jr. (REF), Karl S. Valderrama (REF), Jonathan G. McCarthy (REF), Ericka Marie Hayes (DRE) (Hayes was sentenced to serve 30 days in Jail), and Cedrick A. Hall, Sr. (REF).
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .114 to a high of .323 (over FOUR 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 twenty-two defendants found guilty of OWI Second offense ranged in age from 21 years of age to 49 years of age with a mean average of 26 years of age at the time of their offense.
Of the one hundred three defendants sentenced for OWI first, second or third offense, sixty-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 reporting period 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: Stephen Haider. Haider 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.
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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