2009AP3207-CR State v. Steinke

By: dmc-admin//August 30, 2010//

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Motor Vehicles
OWI; burden of proof; sufficiency of the evidence

David Steinke appeals a judgment of conviction for operating a vehicle with a prohibited alcohol concentration (PAC) of 0.08 or more, second offense, contrary to Wis. Stat. § 346.63(1)(b). He argues that the circuit court, after a trial to the court, convicted him of driving with a prohibited alcohol concentration by the greater weight of the credible evidence and not beyond a reasonable doubt. He also contends that the evidence was insufficient to support his conviction beyond a reasonable doubt. We conclude the circuit court applied the proper burden of proof and that the evidence was sufficient to prove that Steinke was guilty of driving with a PAC beyond a reasonable doubt. We affirm the judgment of conviction. This opinion will not be published.

2009AP3207-CR State v. Steinke

Dist IV, Jefferson County, Hue, J., Vergeront, P.J.

Attorneys: For Appellant: Wagner, Cody, Madison; For Respondent: Weber, Gregory M., Madison; Shock, Jeffrey M., Jefferson

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