State v. Carl L. McAdory, 2025 WI 30, 7/1/25, affirming an unpublished decision of COA; case activity A unanimous SCOW held that the circuit court had authority under Wis. Stat. 346.63(1)(c) to reinstate Carl McAdory’s conviction for operating a vehicle with a restricted controlled substance in his blood, which was dismissed when he was also… Read more
B. Chs. 343-346: Traffic offense
State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s… Read more
City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA… Read more
COA finds preserving electric vehicle’s battery no defense for driving too slowly on the expressway.
State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed. Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery… Read more
State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated. A… Read more
State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute… Read more
State v. Peter John Long, 2023AP2300, 2/26/25 District II (one-judge decision; ineligible for publication); case activity Long appeals pro se from his refusal conviction, contending the officer lacked probable cause to arrest for OWI. COA affirms. The officer was the only witness at Long’s refusal hearing. Police found a motorcycle that appeared to have crashed… Read more
County of Waukesha v. Jacob A. Vecitis, 2023AP919, 2/12/25, District II (one-judge decision; ineligible for publication); case activity Vecitis appeals from a judgment, entered after a bench trial, convicting him of OWI 1st, and an order denying reconsideration. COA concludes the circuit court’s factual findings were not clearly erroneous and affirms. After a single-car accident… Read more
