By: WISCONSIN LAW JOURNAL STAFF//May 7, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — UTVs
Shawn N. Hill appeals his conviction for third-offense operating a motor vehicle while under the influence of an intoxicant (OWI). Hill argues that as he was operating a utility terrain vehicle (UTV) at the time of the offense, he was charged under the wrong drunk driving statute and the court improperly denied his motion to dismiss. We agree that as Hill was operating a UTV, he should be charged with intoxicated operation of a UTV under Wis. Stat. § 23.33(4c), and therefore, we reverse. This opinion will not be published.
Dist II, Walworth County, Reddy, J., Reilly, J.
Attorneys: For Appellant: Swatek, Timothy P., Lake Geneva; For Respondent: Weber, Gregory M., Madison; Donohoo, Diane M., Elkhorn