01-3282 State v. Michels, et al.

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Gary A. Michels appeals from the trial court’s order forfeiting his rights to his 1957 Triumph automobile and transferring title to the State of Wisconsin.

Michels contends: (1) Section 346.65(6), as applied to his 1957 Triumph, violates the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, as well as Article I, sec. 8 of the Wisconsin Constitution, because the vehicle seized by the State was not the vehicle used in the related OWI violation; and (2) Section 346.65(6), as applied to his 1957 Triumph, violates Article I, sec. 12 of the Wisconsin Constitution by allowing forfeiture of estate. This court concludes that sec. 346.65(6) was unconstitutionally applied to Michels because it permitted the seizure of a vehicle that was not used to commit the related OWI offense.

Accordingly, this court reverses and remands the matter with directions.

Because resolution of this issue is dispositive of the appeal, this court will not address Michels’ argument based on forfeiture of estate.

This opinion will not be published.

Dist I, Milwaukee County, White, J., Curley, J.

Attorneys:

For Appellant: Walter Arthur Piel Jr., Milwaukee

For Respondent: Michael T. Mahoney, Milwaukee