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Thirty-Three Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of June 9, 2008
Twenty-six 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 June 9, 2008 were: Craig Colton, Andrew Patrick Beeler, Dallas Eugene Patterson, William David Kisling, Brook N. Haege, Deborah A. Buford, Benjamin Clark Bishop, Molly Ann Mulcahy, Joseph Richard Dennis, Charles Enfred Ohrtman, Toby Michael Kumm, Chaney Blaine Crabb, Cindy Jeanne Lynch, Ashley Ann Hernandez-Lopez, Ashley Ann Pecha, Mark Alan Johnson, Kasie Morae Weese, Dale Eugene Sommers, Trent Allen Johnson, Geno M. Aguiniga, Kimberly Sue Frey, Andrew Allan Maytum, Shane Michael Patterson, Faruk Cocic, Brett Griffith Lee, and Robert D. Schaffer.
Of those defendants sentenced for OWI first offense this week, thirteen had a test of greater than .160 (twice the legal limit) and one refused the chemical test. Two defendants were found guilty of OWI and sentenced based upon their use of drugs other that alcohol. The low chemical test among this group was .101 and the high test was .276 (THREE and one half times the legal limit)
Six 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: Hillary Dorner, Safet Horozovic, Juan Paredes, Jr., Anthony Rapp, Luis Fernado Rifes, and Christopher W. Bates.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .138 to a high of .265.One of these defendants refused the chemical test and one defendant was found guilty and sentenced based upon his use of drugs other than alcohol. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the thirty-two defendants sentenced for OWI first or second offense, twenty 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. Ryan Scott Curtis was sentenced to five years in prison for OWI Third Offense in case number OM65133, his probation was also revoked on a prior OWI Third Offense and he was sentenced to five years in prison on case number OM61359. The sentencing Judge, ordered that the sentences are to run consecutive to each other meaning that Curtis has a total of Ten years in prison. He was also fined $3125 and his license to drive was revoked for six years. He was ordered to pay the City of Windsor Heights restitution for the time and expenses expended by the City as a result of his crime.
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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