B. Chs. 343-346: Traffic offense

City of Mequon v. Michael R. Wilt, 2011AP931, District 2, 11/9/11 court of appeals decision (1-judge, not for publication); for Wilt: Walter Arthur Piel, Jr.; case activity Because the trial court in this bench trial did not rely on the breath test result in finding Wilt guilty of OWI, therefore his argument that the PBT result was… Read more

State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12 Fleeing, § 346.04(3) – Elements  ¶4        ….  In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language… Read more

County of Ozaukee v. David W. Berend, 2011AP291, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Berend: Walter Arthur Piel, Jr.; case activity Breathalyzer test results are admissible (and presumptively accurate) in OWI and PAC proceedings if “the sample was taken within 3 hours after the event to be proved,” § 885.235(1g). Berend’s… Read more

County of Winnebago v. Matthew J. Miller, 2011AP661, District 2, 8/17/11 court of appeals decision (1-judge, not for publication); for Miller: Walter Arthur Piel, Jr.; case activity Experimental Aircraft Association Air Venture grounds were sufficiently “held out to the public,” for purposes of OWI-related liability, because the EAA granted substantial access to the public via purchased passes… Read more

State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read more

State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11 court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job… Read more

State v. Andrew C. Holder, 2011 WI App 116 (recommended for publication); for Holder: Edward D. Burke, Jr.; case activity Although the penalty enhancement scheme  generally allows increased penalty for each prior OWI conviction, § 346.65(2)(am)5. provides that “convictions arising out of the same incident or occurrence shall be counted as one.” Nonetheless, Burke’s driving under the influence across the Michigan… Read more