Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19… Read more
B. Chs. 343-346: Traffic offense
Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Probable Cause – PBT, § 343.303 ¶11 At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday… Read more
County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure… Read more
State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed: ¶14 Accordingly, we reject the State’s… Read more
State v. Robert B. Sonnenberg, 2012AP1025, District 2, 9/19/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to sustain Sonnenberg’s conviction for OWI-1st. He admitted that he drank some indeterminate amount of alcohol before his car had a flat tire and then drank more on the side of the road… Read more
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
State v. Frederick J. Scott, 2012AP533-CR, District 3, 9/11/12 court of appeals decision (1-judge, ineligible for publication); case activity The threshold for illegal alcohol concentration is reduced from .08 to .02 for drivers who have at least 3 prior qualifying convictions. Scott had three priors, thus was subject to arrest and prosecution for driving with… Read more
State v. Lisa M. Arentz, 2011AP2307-CR / State v. Eric R. Hendricks, 2012AP243-CR, District 2, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity (Arentz; Hendricks) Criminal OWI prosecution is premised on, and a resulting sentence enhanced by, a prior civil-forfeiture OWI conviction (which does not itself require unanimous jury verdict upon proof beyond reasonable doubt). Arentz… Read more
