|
|
Twenty-seven Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of July 28, 2008.
Sixteen 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 28, 2008 were: Joel Russell Konen, Anthony Michael Peniston, Lindsay Ann Worley, Douglas Raymond Morelock, Adam Donald Gilliland, Lisa M. Edwards, Adam Dean Lippert, Benjamin John Vesely, Jermaine M. Hickey, Bhagirath D. Patel, Wendi Frances Myer, Mehmed Ivankovic, Lance William Purcell, Matthew James Crusinberry, Alisha Jean Castle, and Juan Isidro Torrento.
Of those defendants sentenced for OWI first offense this week, seven had a test of greater than .160 (twice the legal limit) and three refused the chemical test and one defendant was convicted based upon his use of drugs other than alcohol. The low chemical test among this group was .116 and the high test was .258 (over THREE times the legal limit)
Eleven 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: Robert Matthew Shelton, Daniel Straw, Nicholas E. DeGard, John Nicholas Dion, Dennis Keith Yeager, Kurtis Naae, Taylor Whitney Caldwell, Scott Edwards, Dawn D. Andrus, Bradley Kern and Wade McElroy. McElroy was also sentenced on a Driving While Barred charge. He was ordered to serve FOUR years in prison and a fine of $1875.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .121 to a high of .201 (Almost three times) the legal limit).Six of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the twenty-seven 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 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.
|