2009AP3166-CR State v. Devries

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Motor Vehicles
OWI; prior convictions

Where the defendant was arrested for operating while intoxicated, but failed to appear, the arrests wee properly counted as prior convictions for operating while intoxicated.

“Devries argues with respect to the Arizona matter that there is no evidence that, although she was arrested and let go, ‘her promise to appear served as the basis for her release.’ Putting aside the clear circumstantial evidence that the officer would not have let her go if she did not promise to appear when and where she was directed, as we have seen, Wis. Stat.§ 340.01(9r) defines ‘conviction’ as including having ‘violated or failed to comply with the law in a court of original jurisdiction.’ By not appearing in court on the specified date, as directed, Devries did not ‘comply with the law.’ By the same token, Devries contends with respect to the California matter that although she was arrested and let go following her promise to appear in court as ‘ordered,’ that ‘does not mean that she was released contingent upon that promise.’ Again, putting aside the clear circumstantial evidence that the officer would not have let her go if she did not promise to appear when and where she was ‘ordered,’ Devries clearly ‘violated or failed to comply with the law’ when she repeatedly did not appear as required.”

Affirmed.

Publication in the official reports is recommended.

2009AP3166-CR State v. Devries

Dist. II, Walworth County, Carlson, J., Fine, J.

Attorneys: For Appellant: Pinix, Matthew S., Milwaukee; For Respondent: Koss, Phillip A., Elkhorn; Sanders, Michael C., Madison

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