By: WISCONSIN LAW JOURNAL STAFF//November 29, 2011//
Motor Vehicles
OWI; statute of limitations
James F. Murphy appeals the judgments convicting him of operating while under the influence (OWI) as a first offense, contrary to WIS. STAT. § 346.63(1)(a) (2009-10), and operating with a prohibited alcohol concentration (PAC) as a first offense, contrary to WIS. STAT. § 346.63(1)(b). He also appeals the order granting the City of Waukesha’s motion to reopen the aforementioned cases against him after it was determined that they no longer constituted “second” offenses bringing them under State jurisdiction, but were in fact “first” offenses and therefore required prosecution by the City. Murphy argues that the trial court erred in granting the City’s motion because the statute of limitations time-bars the claims. Murphy also argues that the trial court erred in denying admission of a hearsay statement that Murphy claims should have been admitted as a hearsay exception. This court affirms.
This opinion will not be published.
2010AP2499 City of Waukesha v. Murphy
Dist. II, Waukesha County, Gundrum, J., Curley, J.