State v. William K. Nord, 2001 WI App 48, 241 Wis. 2d 387, 625 N.W.2d 302 For Nord: Timothy J. O’Brien Issue: Whether the implied consent statute, § 343.305(4) violates due process by providing misleading information regarding the consequences for taking or refusing the test. Holding: The warning that the motorist “will be subject to other penalties”… Read more
B. Chs. 343-346: Traffic offense
State v. Henry T. Skibinski, 2001 WI App 109, 244 Wis. 2d 229, 629 N.W.2d 12 For Skibinski: Karma S. Rodgers Issue: Whether a trial court can, after findings of guilt on second and third offense OWI, apply the increased penalties of OWI-3rd to both offenses at sentencing. Holding: For several reasons, the sentence for OWI-2nd was… Read more
State v. William P. Eckola, 2001 WI App 295 For Eckola: Gregory A. Parker Issue: Whether the trial court erroneously exercised discretion by placing Eckola on probation for OWI-6th without requiring confinement for at least the presumptive minimum mandated by § 346.65(2)(e). Holding: ¶15. When the circuit court, in its discretion, determines that a defendant will… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Holding: Hit-and-run, § 346.67, applies to “premises held out to the public for use of their motor vehicles.” The event occurred at a closed gas station; the court holds the element satisfied: ” … The premises… Read more
State v. Jack E. Thurk, 224 Wis.2d 662, 592 N.W.2d 1 (Ct. App. 1999) For Thurk: Christopher A. Mutschler Holding: Following a vehicular homicide the culpable driver voluntarily accompanied an officer to the station and submitted to a chemical blood test. He seeks suppression, on the ground that he was denied a request for a breathalyzer… Read more
State v. Dennis J. Reitter, 227 Wis.2d 213, 595 N.W.2d 646 (1999), on certification For Reitter: Michael C. Witt, Monogue & Witt, S.C. ¶3 … where a defendant expresses no confusion about his or her understanding of the statute, a defendant constructively refuses to take a breathalyzer test when he or she repeatedly requests to… Read more
