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Motor Vehicles – OWI — frozen lakes

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2012//

Motor Vehicles – OWI — frozen lakes

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2012//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — frozen lakes

The State of Wisconsin appeals from a judgment dismissing charges against Todd M. Anderson for operating a motor vehicle while intoxicated (OWI) third offense, contrary to Wis. Stat. § 346.63(1)(a), and operating a motor vehicle with a prohibited alcohol concentration (PAC) third offense, contrary to § 346.63(1)(b). Noting that under Wis. Stat. § 346.61, Wisconsin’s drunken driving laws are applicable “upon all premises held out to the public for use of their motor vehicles,” the State argues that the circuit court erred in concluding frozen Lake Winnebago is not a “premises.” We agree and reverse. This opinion will not be published.

2011AP1499-CR State v. Anderson

Dist II, Winnebago County, Key, J., Gundrum, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh; For Respondent: Anderson, Todd M., pro se

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