State v. Jonathan J. Hubbard, 2007 WI App 240, (AG’s) PFR filed 11/20/07 For Hubbard: Steven Zaleski Issue/Holding: The construction of “materially impaired” by State v. Waalen, 130 Wis. 2d 18, 27, 386 N.W.2d 47 (1986), clarifies the meaning of that OWI element: ¶9 In Waalen, … (t)he court stated that material impairment “exists when a person is incapable… Read more
2. Elements
State v. Stephen D. Harmon, 2006 WI App 214, PFR filed 10/26/06 For Harmon: Timothy A. Provis Issue/Holding: ¶14 The “two clear purposes” of Wisconsin’s hit-and-run statute are: (1) to ensure that injured persons may have medical or other attention with the least possible delay; and (2) to require the disclosure of information so that… Read more
Village of Cross Plains v. Kristin J. Haanstad, 2006 WI 16, reversing unpublished decision For Haanstad: John M. Gerlach Issue: Whether sitting in the driver’s seat of a running, parked car is, without more, “operating” a motor vehicle within § 346.63. Holding: ¶15 The term “operate” is defined in § 346.63(3)(b), which reads: “‘Operate'” means the physical manipulation… Read more
State v. Joseph L. Smet, 2005 WI App 263 For Smet: Christopher A. Mutschler Issue/Holding: Proof of “impairment” is not a necessary element of § 346.63, ¶¶12-16. Section 346.63(1)(am) (driving under influence of detectable amount of THC, regardless of impairment) is constitutional as against police power, due process, and equal protection attack, ¶¶6… Read more
State v. John F. Powers, 2004 WI App 156 For Powers: Marcus J. Berghahn; John D. Hyland Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved… Read more
State v. Thomas P. Sterzinger, 2002 WI App 171 For Sterzinger: Steven P. Weiss, SPD, Madison Appellate Issue1: Whether fleeing, § 346.04(3) requires proof that the defendant knowingly “interfere(d) with or endanger(ed)” another. Holding1: Scienter is required, but is limited to a single element — knowingly flee or attempt to elude — and doesn’t extend to “interfere with… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Holding: Hit-and-run, § 346.67, applies to “premises held out to the public for use of their motor vehicles.” The event occurred at a closed gas station; the court holds the element satisfied: ” … The premises… Read more
