2010AP2324-CR, 2010AP2325-CR State v. Faber

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Motor Vehicles
OWI; statute of limitations

The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of citations for operating a motor vehicle while intoxicated (OWI) (First offense) by the City of Delavan in November 2005 and February 2006. The City apparently lost track of the prosecution of these citations as they never reached final disposition in municipal court. Faber was later convicted of three OWI-type offenses between 2007 and 2008. When the Walworth County District Attorney’s Office learned of the November 2005 and February 2006 citations, the State charged Faber with two counts of OWI—fourth offense on May 10, 2010. Faber argued that the three-year statute of limitations period to prosecute misdemeanors had run, and the circuit court agreed. We affirm the circuit court’s order. This opinion will not be published.

2010AP2324-CR, 2010AP2325-CR State v. Faber

Dist II, Walworth County, Reddy, J., Reilly, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Wiedenfeld, Zeke, Elkhorn; For Respondent: Alesia, Susan E., Madison

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