B. Chs. 343-346: Traffic offense

State v. Carl Lee McAdory, 2021 WI App 89; case activity (including briefs) McAdory was charged with driving with a detectable amount of restricted controlled substances—cocaine and THC—and driving under the influence of those substances. At trial, the state convinced the trial judge to modify the standard jury instruction for the latter charge, Wis. J.I.—Criminal… Read more

State v. Edward R. Gasse, 2021AP484, 9/29/2021, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Gasse arrived at the police station shortly after midnight; officers had observed him about 80 minutes prior at his residence and believed him to be drunk. He initially said he’d driven there but later changed his story… Read more

State v. Derek V. Schroth, 2021AP733, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs) Schroth challenges the probable cause to arrest him for OWI and the finding that he refused a blood draw. There were ample facts for probable cause. (¶¶3-8, 13-15). And though the arresting officer couldn’t recall whether Schroth… Read more

St. Croix County v. Kelly M. Lagerstrom, 2019AP928, District 3, 8/10/21 (one-judge decision; ineligible for publication); case activity (including briefs) As in State v. Giese, 2014 WI App 92, 356 Wis. 2d 796, 854 N.W.2d 687, retrograde extrapolation testimony from a toxicologist was admissible as evidence of Lagerstrom’s possible blood alcohol content around the time the state… Read more

State v. Charles L. Neevel, 2021AP36, 7/1/21, District 4 (one-judge decision ineligible for publication) case activity (including briefs) Neevel was arrested on suspicion of drunk driving. The officer read him the implied consent “informing the accused” form, and Neevel agreed to a blood draw. He moved to suppress, lost, and pleaded no contest to OWI… Read more

City of Cedarburg v. Katherine D. Young, 2020AP1848, District 2, 3/17/21 (one-judge decision; ineligible for publication); case activity (including briefs) Young was prosecuted for an OWI 1st offense that did not arise out of a traffic stop or involve police collecting blood or breath samples or even testifying at trial. Can that be done? Sure… Read more

State v. Samuel Martin Polhamus, 2019AP2339-CR, 1/28/21, District 4 (1-judge opinion, ineligible for publication); case activity The State charged Polhamus with bail-jumping and disorderly conduct. A jury acquitted on the first charge and convicted on the second. Polhamus appealed pro se and, according to the court of appeals, appeared to argue that the State’s evidence… Read more