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Twenty-six Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of August 18, 2008.
Twenty-three 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 August 18, 2008 were: Marlon Lashun Hughes, Derek Bridgenman, Pacific Vang, Deneice Marshell martin, Georganne Foster, Vera Mae Spears, Valerie Mae Hernandez, Aesha Patel, Logan Russell Larsen, Eric Jon Schmidt, Kent Hoskinson, Kristina R. Barela, Kelsey L. King, Terry Lynn Beck, Vincent D. Ankton, Lindsay L. carpenter, Rachelle May Morrill, Ronnell Diane Sanders, Jeremy David Bales, Kennisha Dunigan, Jose Luis Hernandez, William J. Young, Jr., and Paul Mungai.
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. One defendant was convicted for driving under the influence of a drug other than alcohol. The low chemical test among this group was .087 and the high test was .213 (over Two and one Half times the legal limit).
Two 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: Timothy Justin O’Brien and Martin Lee Mulnix.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .142 to a high of .160 (Twice the legal limit). The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the Twenty-five defendants sentenced for OWI first or second offense, twelve 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: Kyle R. Codner. Codner was sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years. Codner 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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