Sufficiency of Evidence

By: Derek Hawkins//October 26, 2017//

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WI Court of Appeals – District II

Case Name: Fond Du Lac County v. Christy Ann Kasten

Case No.: 2017AP343

Officials: HAGEDORN, J.

Focus: Sufficiency of Evidence

At around 9:30 p.m. on August 16, 2016, police—responding to a call regarding an intoxicated driver—found an inebriated Christy Ann Kasten in a parked vehicle in her parents’ driveway. Following a blood test showing her over the legal limit, she was charged with operating while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC), both first offenses. After a bench trial, the circuit court dismissed the OWI charge but found Kasten guilty of the PAC charge. On appeal, Kasten maintains that the evidence was insufficient to convict her, resting largely on conflicting testimony as to when she actually drove. We 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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