State v. Randall L. Wegener, 2010AP452-CR, District 1, 8/18/10 court of appeals decision (1-judge, not for publication); for Wegener: Kirk B. Obear; BiC; Resp. Reasonable Suspicion – Traffic Stop Inclement winter weather didn’t obviate the need to stay within the proper lane, such that crossing the center line, even briefly a few times, provided reasonable… Read more
B. Chs. 343-346: Traffic offense
State v. Brian K. Sowatzke, 2010 WI App 81; for Sowatzke: Andrew R. Walter; BiC; Resp.; Reply ¶13 Sowatzke had two countable OWI “convictions, suspensions or revocations” (i.e., he had two OWI convictions) at the time he was arrested on May 9; he had a BAC of 0.048 percent at the time he was arrested on… Read more
decision below: 2009 WI App 156; for Carter: Craig M. Kuhary Issues: Do violations of Illinois’ zero tolerance (absolute sobriety) law count as prior offenses for sentence enhancement purposes under Wisconsin’s Operating While Intoxicated (OWI) Law (Wis. Stat. §§ 346.63 and 346.65)? What methodology are trial courts to employ in determining whether to count out-of-state… Read more
supreme court decision; court of appeals decision; for Fischer: James M. Shellow, Robin Shellow, Urszula Tempska Note: federal habeas relief was subequently granted, Richard M. Fischer v. Ozaukee Co. Circ. Ct., ED Wis No. 10-C-553, 9/29/10. Federal appellate and district court cases don’t bind Wisconsin courts, which therefore needn’t follow this habeas decision, e.g., State v. Mechtel… Read more
court of appeals decision (1-judge; ineligible for publication) OWI – Probable Cause for PBT Probable cause to administer PBT: rollover accident, odor of intoxicant, Tadych acknowledged drinking; also, PBT result admissible to establish probable cause to arrest… Read more
court of appeals decision; for Puchacz: William M. Hayes Resp Br OWI Enhancer, § 346.65(2) – Out-of-State Conviction Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13… Read more
Hit and run causing injury is felony Click here for court of appeals decision Defense counsel: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Analysis: Obviously, this result is going to make life more… Read more
State v. Ross M. Brandt, 2009 WI App 115 For Brandt: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Obviously, this result is going to make life more difficult for hit-run representation, for the obvious… Read more
