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Twenty-Three Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of April 21, 2008.
Eighteen 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 21, 2008 were: Daniel Patrick Hemann, Shane Christopher Clements, Sonni Megan Giudicessi, Travis Kampshoff, Bradley Dean Ivy, Gage Allen West, Casey Lee Haines, Adrien Jovan Rice, Lindsey Michelle Hart, Michelle Diane Houghton, Joseph Lee McDowell, Anna L. Burn, Edward Brown, Jr., Nathan Michael Frick, Thomas Harold Osborn, Timothy Gene Bowen, Joshua Andrew Patrick, Llewellyn Anthony Way,
Of those defendants sentenced for OWI first offense this week, eight had a test of greater than .160 (twice the legal limit) and two were convicted based upon their use of drugs other than alcohol. The low chemical test among this group was .094 and the high test was .259 (over THREE times the legal limit)
Five 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: Emmett Paul Joseph Williams, Lisa Lynn Freeman, Andrea Michelle Perkins, Richard Dwayne Rush, and Eric Steve Panyan.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .131 to a high of .189. 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, eleven tested over .160 (twice the legal limit), refused testing or were arrested for driving under the influence of drugs other than alcohol.
There were no defendants 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.
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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