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Twenty-Four defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of April 14, 2008.
Fifteen 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 April 14, 2008 were: Man Song, Francisco H. Pelayo, Dale Kirby Schroeder, Renee Marie Koeniguer, Shelly R. Steingrabe, Kenneth L. Bracey, Brian Douglas Willyard, Victor Rene Mendoza-Ibarra, Adam Joseph Card, Mathew Adam Carroll, Grant Willis Cooper, and James Edward Evans.
Of those defendants sentenced for OWI first offense this week, seven had a test of greater than .160 (twice the legal limit) and three refused the chemical test. The low chemical test among this group was .099 and the high test was .347 (over four times the legal limit)
Eight 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: Daniel Durlan, Dawn Marie Bruns, Patti Lee Gardner, Tony Allen Deaton, Daniel Allen LeClair, Tammy Kay Trogdon, Barry Marlow White, and Gustavo Rodriguez-Cerecero.
Of those defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .169 to a high of .216. One of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the Twenty-three defendants sentenced for OWI first or second offense, eighteen 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. The defendants sentenced for OWI third offense this week was Adam Michael Henderson. Henderson was convicted of two counts of OWI third Offense and was sentenced to five years in prison, fined $3125 on each charge. He had his privilege to operate revoked for six years. All or part of his sentence may be served at an OWI facility such as the facility located on the grounds at Fort Des Moines.
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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