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Thirty-one Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of July 14, 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 week of July 14, 2008 were: Van Plumb, Wade Robert Gallegos, Nicholas William Valadez, Steve Allen Heck, John Dean Scaglione (Scaglione was sentenced for two counts of OWI First Offense and sentenced to ten days in the Polk County Jail, fined $2500 plus costs and surcharge and will be on probation to the Department of Corrections for a period of one year after his release from jail), Michael Steven Larson, Doyle Edward Ables, Jerod Kurt Miller, Nedzad Gojak, Kyle Vincent McGriff, Leopoldo Deavila, Taylor Ann Davis, Hank Randal Eslinger, Alice Jene Berger, Bret Ronald Grant, Grant William Mantell, Fabio Cabrajac, Lewis Charles Ward, Gabriel T. Semonis, Emily Ann Romick, Chad A. Padgett, Rogelio Tapia, and John Andrew Hanford.
Of those defendants sentenced for OWI first offense this week, ten had a test of greater than .160 (twice the legal limit) and four refused the chemical test. The low chemical test among this group was .103 and the high test was .254 (over THREE times the legal limit)
Seven 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: Patrick Owen Rinehart, Matthew Alan Elgin, Rebecca Sue Robbins, David Earl Emmons, Victor H. Scalco, David Paul Devin, and Andrea Marie Arthurs.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .132 to a high of .302 (almost FOUR times the legal limit).One of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the thirty-one defendants sentenced for OWI first or second offense, nineteen 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. sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years.
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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