2011AP291 County of Ozaukee v. Berend

By: WISCONSIN LAW JOURNAL STAFF//August 24, 2011//

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Motor Vehicles
OWI; jury instructions

David W. Berend appeals from a judgment of the circuit court convicting him of operating a motor vehicle with a prohibited alcohol concentration (PAC). Berend argues that his conviction should be reversed because the County of Ozaukee failed to establish that Berend drove his car within three hours of taking a breathalyzer test, and thus the circuit court provided the jury with erroneous instructions. As the circuit court’s jury instructions were appropriate, we affirm Berend’s conviction. This opinion will not be published.

2011AP291 County of Ozaukee v. Berend

Dist II, Ozaukee County, Williams, J., Reilly, J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Crowley, Carol B., Port Washington

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