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Thirty-six Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of September 8 , 2008.
Twenty-eight 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 September 8, 2008 were: Travis J. Hall, Bart Kendall Klaver, Adam Anthony Cink, Ardis Clyde Bell, Pedro Bustos (Bustos was sentenced for two counts of OWI First Offense, he will serve 20 days in the Polk County Jail and then be on probation to the Iowa Department of Corrections for one year. He was fined $1250 on each offense.), Elizabeth Ann Rash, David Arnold Shanberg, Joseph Eugene Vogel, Lacey Lynn Franklin, Casey Ann Honadale, Charles Staples, II, Sally Adams-Carlson, Roy Lee Crook, Christopher James Monsma, Melissa Kay Smidt, Shalonda Shanice Whiteside, Jason Theron McGuire, Cody Ray Thomas, Pedro Paz-Ramos, Timothy B. Liechty, Melinda K. Olson, Chaz Denham, Anne M. Welbourne, Clayton S. Cheney, Mirsad Kjunic, Andrea J. Wyckoff, Mark G. Johnson and Anthony David Taylor. Taylor was sentenced to 180 days in the Polk County Jail. This conviction for OWI was Taylor’s 6th lifetime conviction. His other convictions fell outside the twelve year “look back” that Iowa law allows for enhancement of the charge to a second or third offense.
Of those defendants sentenced for OWI first offense this week, ten had a test of greater than .160 (twice the legal limit) and nine refused the chemical test. The low chemical test among this group was .103 and the high test was .244 (over three times the legal limit). One defendant was sentenced based upon his use of drugs other than alcohol.
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: Hal Christopher Plautz, Shawn M. Franklin, John Phillip Hargis, Sarah Ann Hastings, Oscar A. Sanchez-Hernandez, Ben Michael Steinkamp and Corey Tyler Grim. Grim was sentenced on an OWI Second Offense as well as probation violations for OWI First Offense (2 Counts), Operating without the Owner’s Consent and Driving while Revoked. He received a six year prison sentence on these charges.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .147 to a high of .250 (over three times the legal limit).Three of these defendants refused the chemical test. The State of Iowa has a legislatively set, presumptive level of intoxication of .08.
Of the thirty-six defendants sentenced for OWI first or second offense, twenty-five 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 Felix Mandujano, II. Mandujano was sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years. Mandujano 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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