Ad-Express and Daily Iowegian, Centerville, IA

January 18, 2013

Probation for Wayne County man following second OWI conviction

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — A Wayne County man's second drunken driving conviction in less than two years nets suspended prison for probation sentence.

Tommy John Day, 29, of Seymour, on Jan. 4 was sentenced by Judge Kirk A. Daily in Appanoose County to two years in state prison, suspended 723 days of the prison sentence, serve seven days in county jail, given credit for any time served, fine and two years low risk probation with the Department of Corrections.

Appanoose County Attorney Richard Scott on Aug. 28, 2012 filed trial information accusing Day of operating while intoxicated, second offense, an aggravated misdemeanor. The same day Scott filed supplemental trial information accusing Day of operating while intoxicated, first offense, a serious misdemeanor.

Day filed a waiver of rights and guilty plea to the charge of OWI, second offense, an aggravated misdemeanor, on Jan. 4.

According to the criminal complaint and affidavit filed on July 16, 2012 by Appanoose County Sheriff's officer Keith Glosser, Day was stopped at Highway 5 and 540th Street on July 14 at 2:12 a.m. and field tested a blood alcohol content more than .08.

The field test "showed signs of impairment on all three tests," states Glosser in his criminal complaint.

At the Appanoose County Jail Day's blood alcohol content was measured at .142 at 3:44 a.m.

Day owes $2,767.25 for this case.

Day was previously convicted of drunken driving in Appanoose County in April 2011. Judge Daily April 1, 2011 sentenced Day to two years probation to the court, fine, 365 days in jail, suspended 363 days of the jail sentence and credit for any time served for the criminal charge of OWI first offense, a serious misdemeanor with an offense date of Aug. 29, 2010.

Day owes $2,227.50 for this case.