On Point is pleased to present a guest post by Attorney Adam Welch of Tracy Wood and Associates. The law firm recently persuaded Dane County Circuit Court Judge William Hanrahan to declare Wis. Stat. § 346.67 facially unconstitutional and to grant their motion to dismiss a felony Hit and Run—Injury complaint. Judge Hanrahan issued an oral… Read more
2. Elements
State v. Ernesto E. Lazo Villamil, 2017 WI 74, 7/6/17, affirming a published court of appeals decision; case activity (including briefs) A few years ago the legislature set out to create a graduated penalty scheme for operating after revocation offenses, but it bungled the job and ended up creating misdemeanor and felony penalties for the offense… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (from the petition for review and petition for cross-review) 1. Whether the offense under § 343.44(2)(ar)4. can be punished as either a misdemeanor or a felony in order to resolve ambiguity in the statutory language when the legislature’s intent was to create a… Read more
Kenosha County v. Robert P. Adams, 2015AP2184, District 2, 7/27/16 (one-judge decision; ineligible for publication); case activity (including briefs) Based on evidence adduced at trial, the roadways at Camp Sol R. Crown were “premises held out to the public for use of their motor vehicles” under § 346.61 and the cases interpreting that statute, in particular… Read more
State v. John Steven Duewell, 2015AP43-44-CR, 3/23/16, District 1 (not recommended for publication); case activity (including briefs) In a decision that seems to conflict directly with State v. Torbeck, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 414, see our post here, the court of appeals holds that carburetor cleaner is an intoxicant… Read more
City of Rhinelander v. Thomas V. Wakely, 2015Ap302, 3/8/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) While the accident reporting requirement under § 346.70(1) requires that property damage reach a certain minimum “apparent [monetary] extent” before the accident is reportable, it does not require a minimum monetary extent for personal injuries before the accident… Read more
State v. Thomas W. Koeppen, 2014 WI App 94; case activity A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle”… Read more
State v. Michael R. Luedtke, 2014 WI App 79, petition for review granted 10/15/14, affirmed, 2015 WI 42 (posts here and here); case activity Section 346.63(1)(am), which prohibits operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, does not violate due process by failing to require proof that the defendant knowingly ingested the… Read more
