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2010AP462 Village of Marathon City v. Nowak

By: WISCONSIN LAW JOURNAL STAFF//September 30, 2010//

2010AP462 Village of Marathon City v. Nowak

By: WISCONSIN LAW JOURNAL STAFF//September 30, 2010//

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Motor Vehicles
Speeding

Jenny L. Nowak appeals the judgment of conviction, after a jury trial, for violating Wis. Stat. § 346.57(4)(e) by operating a motor vehicle at thirty-nine miles per hour in a twenty-five mile per hour zone. Nowak alleges three errors by the circuit court: (1) the court improperly denied her motion to dismiss, which asserted a failure to comply with Marathon County Circuit Court Rule 3.12 (Nov. 2000); (2) the court erred in admitting evidence obtained by a radar speed detection device without requiring the Village of Marathon City to prove that it had first obtained a license from the Federal Communications Commission (FCC); and (3) the court used an incorrect standard for determining whether a sign is official and therefore erred in declining to instruct the jury with her proposed instructions. For the following reasons, we conclude that Nowak’s contentions lack merit. Accordingly, we affirm the judgment of conviction. This opinion will not be published.

2010AP462 Village of Marathon City v. Nowak

Dist III, Marathon County, Howard, J., Vergeront, P.J.

Attorneys: For Appellant: Nowak, Jenny L., pro se; For Respondent: Gunther, Peter C., Wausau; Peters, Daniel R., Wausau

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