01-1494-CR State v. Ventrice

By: dmc-admin//December 31, 2001//

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Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a prohibited alcohol concentration. Ventrice contends: (1) the strict liability offense he is charged with entitles him to assert a defense of coercion, and (2) because he offered sufficient evidence to warrant a jury instruction on coercion, he should have been permitted to assert that defense at trial. We conclude that sec. 346.63(2)(a) does not preclude a coercion defense and that Ventrice satisfied his burden of production so that he was entitled to argue the defense before a jury.

We therefore reverse and remand for a new trial.

Not recommended for publication in the official reports.

Dist IV, Marquette County, Wright, J., Dykman, J.

Attorneys:

For Appellant: Mark Eisenberg, Madison

For Respondent: Richard J. Dufour, Montello; Susan M. Crawford, Madison

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