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Motor Vehicles – OWI — inhalants
By: WISCONSIN LAW JOURNAL STAFF//August 1, 2012//
Listen to this articleWisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — inhalants
The State appeals from a judgment of the circuit court dismissing a third operating while intoxicated (OWI) charge against Marilyn M. Torbeck. Torbeck did not have any alcohol in her system at the time she crashed her vehicle, but she had “huffed” the substance 1, 1-Difluoroethane (DFE), which is commonly found in air spray cans. The circuit court dismissed the charge after concluding that DFE is not an “intoxicant” within the meaning of the OWI statute. We agree and affirm the dismissal. This opinion will not be published.
Dist II, Winnebago County, Seifert, J., Reilly, J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh; For Respondent: Piel, Walter Arthur, Jr., Milwaukee
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