State v. Patrick J. Fahey, 2005 WI App 171 Issue: Whether requested alternative testing at agency expense is deemed a “request” within § 343.305(5)(a) where made after driver was released from custody, left police department, and then returned about 15 minutes later, ¶7. Holding: ¶14 … The State, in keeping with the circuit court’s decision, argues… Read more
B. Chs. 343-346: Traffic offense
State v. Brandon J. Matke, 2005 WI App 4, PFR filed 1/6/05 For Matke: James B. Connell Issue/Holding: ¶16. Matke also contends that the trial court’s interpretation of Wis. Stat. § 346.65(2), which is now ours as well, violates due process because it permits the court to sentence him for a sixth OMVWI without requiring the State to… Read more
State v. Joseph L. Smet, 2005 WI App 263 For Smet: Christopher A. Mutschler Issue/Holding: Proof of “impairment” is not a necessary element of § 346.63, ¶¶12-16. Section 346.63(1)(am) (driving under influence of detectable amount of THC, regardless of impairment) is constitutional as against police power, due process, and equal protection attack, ¶¶6… Read more
State v. Larry N. Winsand, 2004 WI App 86, PFR filed 4/12/04 For Winsand: Ralph A. Kalal Issue: Whether results of an Intoximeter EC/IR breath test was inadmissible because approval of this testing instrument by the chief of the DOT chemical test section involved standards that should have been but were not promulgated as administrative rules under… Read more
State v. James A. Schmidt, 2004 WI App 235 For Schmidt: Daniel S. Diehn Issue: Whether § 343.305(5)(a) requires that the driver request an additional test after the police have administered the primary test and, if not, whether Schmidt’s pre-blood draw request for a breathalyzer was properly rejected. Holding: ¶11. Although Wis. Stat. § 343.305(4) and (5) use… Read more
OWI — Second or Subsequent Offense, Prior Conviction – Foreign Case Resulting in “Court Supervision”
State v. Arthur C. List, 2004 WI App 230, PFR filed 12/22/04 For List: Joseph L. Polito Issue: Whether an Illinois OWI charge resulting in court supervision is a “conviction” within the meaning of § 343.307(1)(d). Holding: ¶5. List contends that under Wis. Stat. § 343.307(1)(d) only OWI offenses that result in formal conviction as defined by the… Read more
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw: ¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT… Read more
State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue: Whether reading the “Informing the Accused” form in English to a non-English speaking driver was an unreasonable way of conveying required implied consent warnings. Holding: ¶21. Kennedy did not attempt to obtain an interpreter. When Kennedy read the Informing the Accused in… Read more
