Motor Vehicles – OWI — prior convictions — collateral attacks

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — collateral attacks

Frederick Scott appeals a judgment of conviction for operating with a prohibited alcohol concentration, fourth offense. Scott argues the court erred by finding he was prohibited from driving with an alcohol concentration in excess of .02. He contends his successful collateral attack reduced his countable convictions to two and, therefore, he is only prohibited from driving with an alcohol concentration of .08 or more. Scott asserts that, because his alcohol concentration was .03, he cannot be guilty of operating with a prohibited alcohol concentration as a matter of law. We agree and reverse. This opinion will not be published.

2012AP533-CR State v. Scott

Dist III, Brown County, Warpinski, J., Hoover, P.J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Weber, Gregory M., Madison; Enli, Eric R., Green Bay; Lasee, David L., Green Bay