State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11 court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew… Read more
B. Chs. 343-346: Traffic offense
State v. Bradley A. Faber, 2010AP2325-CR , District 2, 3/23/11 court of appeals decision (1-judge, not for publication); for Faber: Susan E. Alesia, SPD, Madison Appellate; case activity ¶1 The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of… Read more
State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement, § 346.65(2). Court of appeals holding… Read more
State v. Robert J. Ruggles, 2010AP1587, District 2, 11/3/10 court of appeals decision (1-judge, not for publication); for Ruggles: Robert C. Raymond; BiC; Resp. A driver doesn’t have a constitutional right to be informed that a blood draw could be performed without his consent. ¶9 It is well established that there is no constitutional right to… Read more
State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read more
State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity Fleeing, § 346.04(3) Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands… Read more
court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by… Read more
federal habeas decision (pdf file: here), granting relief in State v. Fischer, 2010 WI 6; respondent’s Rule 59 motion to amend judgment denied 1/7/11 Habeas Review – Right to Present Defense – Expert Opinion, Based PBT Preventing Fisher from adducing expert opinion he wasn’t driving with a prohibited alcohol content based on analysis of his PBT… Read more
