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Motor Vehicles – OWI — community caretaker function

By: WISCONSIN LAW JOURNAL STAFF//December 28, 2011//

Motor Vehicles – OWI — community caretaker function

By: WISCONSIN LAW JOURNAL STAFF//December 28, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — community caretaker function

Juan G. Gracia appeals from a judgment convicting him of operating a motor vehicle while intoxicated, fourth offense, and an order finding that he unreasonably refused to submit to a test for intoxication. Specifically, he challenges the trial court’s denial of his motion to suppress evidence obtained after police officers entered his bedroom over his objections.

They did so only after discovering that a vehicle that he had been driving was involved in a traffic accident. A traffic signal pole had been knocked down at the scene of the crash, which led the officers to believe that Gracia might have sustained injuries. We affirm the trial court’s decision—the entry was justified by the police community caretaker function. We also affirm the trial court on the second issue Gracia raises—a collateral attack on his 1998 conviction based on his allegedly improper waiver of counsel at that time.

Because this case involves two issues with completely different relevant facts and law, we will address each issue in turn with its own fact section. This opinion will not be published.

2011AP813-CR, 2011AP814 State v. Gracia

Dist II, Winnebago County, Key, J., Brown, C.J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh

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