OWI – 6th Amendment Violation

By: Derek Hawkins//December 11, 2018//

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WI Court of Appeals – District III

Case Name: St. Croix County v. Kimberly L. Severson

Case No.: 2017AP1111

Officials: HRUZ, J.

Focus: OWI – 6^th Amendment Violation

Kimberly Severson appeals a circuit court order denying her request to vacate the second of two 2001 first-offense operating while intoxicated (OWI) convictions based upon the court’s lack of competency to enter the judgment of conviction and the denial of her constitutional right to counsel. Her request was made while she faced a seventh-offense OWI charge in a different county.

We agree with the County that Severson forfeited any competency objection. We also agree with the County that Severson had no constitutional right to counsel when she twice faced the penalties—albeit, incorrectly—for a first-offense OWI. As such, she was not deprived of her right to counsel. In all, 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.

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