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OWI – Subject Matter Jurisdiction

By: Derek Hawkins//September 20, 2016//

OWI – Subject Matter Jurisdiction

By: Derek Hawkins//September 20, 2016//

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WI Court of Appeals – District III
Case Name: State of Wisconsin v. Timothy A. Giese
Case No.: 2015AP1838-CR
Officials: Seidl, J.
Focus: OWI – Subject Matter Jurisdiction

Timothy Giese appeals the circuit court’s order denying a motion to void his 2009 conviction for second-offense operating a motor vehicle while intoxicated (OWI). Giese challenges the circuit court’s subject matter jurisdiction to enter a judgment of conviction, as the State concedes he was improperly charged with a criminal second-offense OWI rather than a civil first offense. Based upon the supreme court’s recent decision in City of Eau Claire v. Booth Britton, 2016 WI 65, ___ Wis. 2d ___, ___ N.W.2d ___, we conclude the circuit court properly exercised subject matter jurisdiction, despite the State’s failure to properly charge the OWI penalty enhancer, and affirm.

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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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