OWI – Prior Conviction

By: Derek Hawkins//January 20, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Joseph C. Risse

Case No.: 2015AP586

Officials: STARK, P.J.

Practice Area: OWI – Prior Conviction

The State of Wisconsin appeals a judgment convicting Joseph Risse of operating while intoxicated (OWI) as a first offense. The State argues the circuit court erred by admitting Risse’s uncertified and unauthenticated records and by finding those records rebutted the State’s proof that this was Risse’s second conviction for a countable OWI-related offense. Even if we assume the circuit court properly admitted the records, we conclude its finding that Risse did not have a prior conviction goes against the great weight and clear preponderance of the evidence. The judgment is therefore reversed and the cause remanded for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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