MASON CITY – A former Mason City man has plead guilty to operating while intoxicated, first offense and is now serving jail time in the Cerro Gordo County Jail.
Erik Michael Halverson, 35, was pulled over by Mason City police on October 21st, 2012 at 2:11 AM for a traffic violation at Highway 122 and Willowbrook Drive. He was arrested and charged with OWI.
Halverson plead guilty to the charge on February 8th, 2013. He was sentenced to 30 days in jail and a $1,250.00 fine. The judge granted a $50.00 per month payment plan.
The courts and plea bargains have been good to Mr. Halverson.
Records show that Halverson was found guilty of operating a vehicle while intoxicated (1st offense) in 1997 in Grundy county. Records further show that Halverson was charged and found guilty of operating while intoxicated (1st offense) in Linn County in 1997. In addition, Halverson was charged with 3rd offense operating while intoxicated in 1998 in Linn county but the charge was plead down to second offense.
Halverson has now paid nearly $10,000 in fines and other court costs related to alcohol offenses.
SERVING JAIL TIME
It sure helps getting off easy when your father is a retired mason city cop. This guy has always been an idiot.
That’s an expensive bottle of beer….
I am confused here. If he plead guilty to second offense in 1998 how can he be guilty of first offense now? Did the statue of limitations run out? Second offense is a serious offense.
If I remember right a drunk driving charge falls off your record after 10 years.
@Bobby G. they changed it to twelve years but that was first offense. I don’t know if it changes for second offense or not.
Any OWI charge that occurs within 12 years of a prior results in an enhancement. If an OWI conviction is more than 12 years prior to a new charge it doesn’t count as an enhancement but a county attorney can consider is in any sentencing recommendation and the Court can consider it in any sentencing. For example, if a person has 3 OWIs in 1998 an charge in 2013 is a 1st offense but the priors can be considered in sentencing.
It doesn’t matter what the law says. The county attorney always allows people to pled guilty to their 2nd, 2nd, 2nd, 2nd, 2nd Offense to aviod the felony 3rd offense charge.
Not true. Check Iowa Courts On Line. The county attorney very seldom allows a 2nd, 2nd, 2nd. If a charge is reduce there is usually something wrong with a stop — they still get a conviction. Before you complain about technicalities remember the Fourth Amendment; it is just as important as the First or Second or any others.
Thank you Nichole.