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OWI – 2nd Offense

By: Derek Hawkins//December 19, 2017//

OWI – 2nd Offense

By: Derek Hawkins//December 19, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Bobby Lopez

Case No.: 2017AP923-CR

Officials: HAGEDORN, J.

Focus: OWI – 2nd Offense

This case concerns whether operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC) charges based on an offense occurring on July 9, 2016, can be charged as second offenses based on an earlier July 9, 2006 offense. In short, did the 2006 OWI and the 2016 alleged OWI/PAC occur “within a 10-year period” or not? See WIS. STAT. § 346.65(2)(am). We conclude they did not. Therefore, the present OWI/PAC may not be charged as a second offense.

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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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