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Thirty-four Defendants were sentenced for Operating while under the Influence (OWI) in Polk County District Courts the week of September 15, 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 15, 2008 were: Robert D. Johnson, Matthew Scott Spooner, Justin M. Hall, Eric M. Mead, Daniel J. Henscheid, David H. Jobe, Richard E. Siefkas, Jr., Jackie Loy Wilson, Sarafin Cabral, Priscilla M. Reason, John D. Mullen, Daniel L. Trigg, Lori Michelle Holm, Kayse L. Barker, Bounthong Kenesy, Andrew L. Layne, Trisha Dohrn, Shawna G. Davis, Crystal Jean Wolfe, John Warren, Benjamin L. Murray, Brandon M. Arnold, Holly R. Belieu, Vanpheng Sayavongchanh, Alejandro Prudente-Menije, Paulette Breon, (Breon was sentenced on two counts of OWI First Offense), Jay Robert Beech, and Ralynda Lee McKeever.
Of those defendants sentenced for OWI first offense this week, ten had a test of greater than .160 (twice the legal limit), four refused the chemical test and one defendant was sentenced based upon driving while under the influence of drugs other than alcohol. The low chemical test among this group was .096 and the high test was .249 (over THREE times the legal limit).
Five 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: Valerie Ann McNutt, Dung Nguyen, Christopher McCoy, Christopher Eggers and Michael Glen Schman.
Of those Defendants sentenced for OWI second offense who took a chemical test, those tests ranged from a low of .152to a high of .224 (almost three 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-three 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 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 David Paul Taylor, II. Taylor was sentenced to five years in prison, fined $3125 and had his license to drive revoked for six years. Taylor 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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