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Twenty-eight Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of June 30, 2008.
Twenty-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.
Those defendants being sentenced for OWI First Offense the weeks of June 30, 2008 were: Jerry Laurence Rigley, Katrina Balliet, Gregory Eric Benson, Hans K. Maude, Robert Linn Dalton, Brett Young, Eric Shane Charter, Robin Renee Avila, Danielle Rae Oliver, Jonathan Patrick Maiers, Jacob Phillip Murray, Katherine DeAngelis, Amanda Lee Fidler, Jacqueline Anne Selix, Kaye Marie Scarcello, Gerald Lee Fuson, Steven Ray Kahler, Machelle Ranae Croft, Gary Lee Angell, Randall Donell Lee Jefferson, III, Paul Clinton Monroe, Matthew John Hilsenbeck, Joaquin Rodriguez and Steven John DeNooy.
Of those defendants sentenced for OWI first offense this week, eight had a test of greater than .160 (twice the legal limit) and four refused the chemical test and one was convicted based upon her use of drugs other than alcohol. The low chemical test among this group was .102 and the high test was .261 (over THREE times the legal limit)
Four 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: Tommy Lee Gowdy, Devin Matthew Seeman, Dennis Everett Button, and Seth Aaron Mars.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .151 to a high of .164.Two 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 twenty-eight defendants sentenced for OWI first or second offense, seventeen 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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