State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: Administering Miranda rights prior to the “Informing the Accused” caution applicable to OWI does not invalidate the latter (at least where the motorist is concurrently under arrest for a separate crime): ¶14 There is no dispute that Thomas read Kliss the Miranda warning… Read more
B. Chs. 343-346: Traffic offense
State v. Jonathan J. Hubbard, 2007 WI App 240, (AG’s) PFR filed 11/20/07 For Hubbard: Steven Zaleski Issue/Holding: The construction of “materially impaired” by State v. Waalen, 130 Wis. 2d 18, 27, 386 N.W.2d 47 (1986), clarifies the meaning of that OWI element: ¶9 In Waalen, … (t)he court stated that material impairment “exists when a person is incapable… Read more
State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final… Read more
State v. Stephen D. Harmon, 2006 WI App 214, PFR filed 10/26/06 For Harmon: Timothy A. Provis Issue/Holding: ¶14 The “two clear purposes” of Wisconsin’s hit-and-run statute are: (1) to ensure that injured persons may have medical or other attention with the least possible delay; and (2) to require the disclosure of information so that… Read more
State v. Stephen D. Harmon, 2006 WI App 214, PFR filed 10/26/06 For Harmon: Timothy A. Provis Issue/Holding: The § 346.67(1) requirement that a driver provide name, address, vehicle registration number, and driver’s license “to the person struck” does not violate the 5thamendment under controlling authority of California v. Byers, 402 U.S. 426 (1971), notwithstanding that the statute… Read more
City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06 For Nytsch: Chad A. Lanning Issue: Whether a prior judicial review of a driver’s license suspension, overturning the administrative suspension, had a preclusive effect on the issue of probable cause to arrest for drunk driving in the subsequent prosecution for that offense. Holding: ¶11… Read more
Village of Cross Plains v. Kristin J. Haanstad, 2006 WI 16, reversing unpublished decision For Haanstad: John M. Gerlach Issue: Whether sitting in the driver’s seat of a running, parked car is, without more, “operating” a motor vehicle within § 346.63. Holding: ¶15 The term “operate” is defined in § 346.63(3)(b), which reads: “‘Operate'” means the physical manipulation… Read more
State v. Joseph J. Hammill, 2006 WI App 128. For Hammill: Patrick J. Stangl Issue/Holding: ¶15 Hammill argues the circuit court erred by counting a Village of Cameron conviction. Hammill was arrested in that case for OWI-first on January 1, 1991. On January 28, Hammill was arrested for OWI in Eau Claire, which was also charged as a… Read more
