By: WISCONSIN LAW JOURNAL STAFF//May 2, 2012//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI – public roads
Michael F. Hyzy appeals from a judgment of conviction for causing injury to another while operating a motor vehicle under the influence of an intoxicant (OWI) contrary to Wis. Stat. § 346.63(2)(a)1. and from an order denying his motion for postconviction relief. Hyzy’s arguments on appeal all rest on whether the roadways in the “gated community” of Abbey Springs are “held out to the public for use of their motor vehicles” under Wis. Stat. § 346.61. Because we conclude that they are, and because the evidence at trial was sufficient for a jury to so conclude, we affirm. This opinion will not be published.
Dist II, Walworth County, Reddy, J., Gundrum, J.
Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Weber, Gregory M., Madison; Wiedenfeld, Zeke, Elkhorn