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Twenty-seven Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of July 21, 2008.
Seventeen 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 21, 2008 were: John Joseph Peterson, Glenn Tisdale, Aaron A. Sellers, Edgar Eugene Cross, Travis J. Briggs, Eric Richard Busch, Jeffrey A. Storm, Angela Orr, Ricky Charles Ernzen, Suzana Zivkovic, Stacy Lynn Edwards, Melissa Lee Smith, Jordan Taylor Rinaldi, Aaron Christopher Senecaut, Thomas Jordan Page, Mary Shirley Garcia, and Daniel Thomas Galganski.
Of those defendants sentenced for OWI first offense this week, six had a test of greater than .160 (twice the legal limit) and one refused the chemical test. The low chemical test among this group was .096 and the high test was .227 (almost THREE times the legal limit)
Nine 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: Stayce Anne Lounsberry, Ryan Kastens, Richard L. Cox, Bryan Owes, Sandra Lee Rosenberger, Eugene Aaron Wessel, Jr., Dirk Andrew Felderman, Ishag Adam Mohamed, and Robert Dean Dale.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .094 to a high of .260 (over THREE times the legal limit).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 Twenty-six defendants sentenced for OWI first or second offense, fifteen 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. Sentenced this week for OWI third Offense was: Sentenced for OWI Third Offense and Driving while Barred was Michael Christopher Williams. Williams was sentenced to seven years in prison, fined $3125 and had his license to drive revoked for six years. Williams may serve all or part of his sentence in an OWI facility operated by the Iowa Department of Corrections, such as a 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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