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
B. Chs. 343-346: Traffic offense
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
Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision For Smith: Kirk B. Obear Issue/Holding: By reading the required statutory information verbatim, the officer fully complied with § 343.305(4); he did not err by failing to inform the driver that he might incur penalties different from those in Wisconsin relative to the state that issued… Read more
State v. Michael G. Mertes, 2008 WI App 179, PFR filed 12/17/08 For Mertes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue: Whether finding the sleeping occupant of a vehicle parked at a gas station, with engine off but key in the ignition, along with other factors sufficiently proved the OWI element of “operating.” Holding: ¶13 Wisconsin Stat. § 346.63(3)(b)… Read more
State v. Thomas P. Tecza, 2008 WI App 79, PFR filed 5/22/08 For Tecza: Timothy P. Swatek Issue: Whether a roadway within a gated community entry to which is guarded by a security station is “held out to the public for use of their motor vehicles” so as to support drunk driving conviction within § 346.61. Holding… Read more
State v. Daniel J. Machgan, 2007 WI App 263 For Machgan: Patrick M. Donnelly Issue/Holding: An out-of-state administrative DL suspension, not the result of a refusal, isn’t counted as a “conviction” for purposes of OWI enhancement: ¶12 After examination of these relevant statutes, we conclude that Wis. Stat. § 343.307, as the specific statute addressing out-of-state convictions, suspensions or revocations that… Read more
