Motor Vehicles – OWI — prior convictions

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions

A statutory summary suspension counts as a prior conviction for OWI, but a reckless driving conviction does not.

“The State has pointed to no language in subsection (1)(d) suggesting Jackson’s reckless driving conviction qualifies as a prior conviction thereunder, nor do we find any. Instead, the State asks us to expand the language of WIS. STAT. § 343.307(1)(d)—which, again, counts prior out-of-jurisdiction convictions—by asking us to look at what offense was originally charged, what sanctions were imposed by the court on the reckless driving conviction, and how that conviction would preclude Jackson from being placed on supervision for a subsequent OWI conviction in Illinois. It is the job of the legislature, however, not the courts, to amend statutes. See State v. Briggs, 214 Wis. 2d 281, 288, 571 N.W.2d 881 (Ct. App. 1997) (‘We assume that the legislature deliberately chooses the language it uses in a statute. To accept [the defendant’s] interpretation of [the statute at issue] is to expand the meaning of the statute to the point that we engage in rewriting the statute, not merely interpreting it.’ (Citation omitted.)). Here, in addition to the legislature choosing the alcohol and drug-related terms, it also chose the term ‘convictions.’ It certainly could have adopted (or can adopt) language that would allow for the counting of reckless driving convictions that stem from an initial OWI charge, or based upon the sanctions imposed or the potential future impact of the conviction; it has not, however, done so. See id. at 288 (‘Whether this statute is wise is not a matter for this court to decide. That decision was made by the legislature and, if it is to be reconsidered, the legislature is the body to undertake such an endeavor.’). The State has conceded and we agree that Jackson’s 2003 conviction was for reckless driving; the initial charge, sanctions, and potential future consequences are of no moment.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2013AP1282-CR State v. Jackson

Dist. II, Walworth County, Race, J., Gundrum, J.

Attorneys: For Appellant: Kmiec, Theodore B., III, Salem; For Respondent: Sanders, Michael C., Madison; Necci, Daniel A., Elkhorn