OWI – Motion To Exclude

By: Derek Hawkins//May 31, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jason S. Witte

Case No.: 2015AP795

Officials: HIGGINBOTHAM, J.

Focus: OWI – Motion To Exclude

Jason Witte appeals a circuit court order denying his motion to exclude a prior conviction for operating under the influence (OWI), which was used for sentencing enhancement purposes in this OWI case. Witte argues that the circuit court erred in finding that Witte failed to present sufficient evidence to make a prima facie showing that he was denied his right to counsel during the prior OWI case. We conclude that the court properly denied Witte’s motion because he failed to make the requisite prima facie showing. Accordingly, we affirm the circuit court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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