OWI – Time Barred

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Hector Miguel Ortiz Martinez

Case No.: 2017AP668

Officials: BRENNAN, P.J.

Focus: OWI – Time Barred

Hector Miguel Ortiz Martinez appeals from an order revoking his driver’s license pursuant to WIS. STAT. § 343.305(9), for refusing to provide a requested breath sample following his arrest for operating while intoxicated. Ortiz Martinez received no hearing on the refusal because he had failed to request a hearing within the ten-day period prescribed in WIS. STAT. § 343.305(10)(a). He sought an opportunity to present evidence and argue to the court that under the circumstances, he was entitled to such a hearing despite a belatedly filed request. He asserted that a language barrier and incomplete information he had received from police meant that the written notice he received was legally insufficient to constitute “notice of intent to revoke” his operating privileges as § 343.305(10)(a) requires. Under the statute, the ten-day clock on filing a request for a hearing starts at the time such notice is served.

The circuit court held that the lack of a timely request for a hearing deprived the court of competency to hear Ortiz Martinez’s arguments. Ortiz Martinez renews his arguments on appeal. We affirm.

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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.