OWI – 6th Amendment Violation

By: Derek Hawkins//July 16, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jessy A. Rivard

Case No.: 2018AP1070-CR

Officials: HRUZ, J.

Focus: OWI – 6^th Amendment Violation

Jessy Rivard appeals a judgment of conviction, entered upon his no-contest plea, to third-offense operating a motor vehicle while intoxicated (OWI). He asserts the circuit court erred by denying his motion to collaterally attack a 2006 second-offense OWI conviction. Rivard was not represented by counsel during his second-offense OWI proceedings. He now claims that his waiver of his right to counsel in those proceedings was not knowing, intelligent and voluntary, due to an allegedly defective colloquy with the court regarding his waiver. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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