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OWI – Abuse of Discretion

By: Derek Hawkins//September 25, 2019//

OWI – Abuse of Discretion

By: Derek Hawkins//September 25, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Kari E. Mravik

Case No.: 2018AP2300-CR

Officials: BLANCHARD, J.

Focus: OWI – Abuse of Discretion

Kari E. Mravik appeals a judgment of conviction for operating while intoxicated (OWI), as a second offense. She also challenges a guilty verdict for operating a motor vehicle with a prohibited alcohol concentration, as a second offense, although she acknowledges that I need reach this issue only in the event that I reverse the OWI conviction.

In her challenge to the OWI conviction, Mravik argues that the circuit court erroneously exercised its discretion when it denied her request to make one modification to WIS JI—CRIMINAL 2663 (2018) (“Instruction 2663”), which is the pattern jury instruction regarding OWI as a criminal offense. Mravik argues that Instruction 2663 misstates the proper legal standard because it omits the word “materially,” in what she says should be the phrase “was materially impaired,” in the course of defining what it means for an operator to be “under the influence of an intoxicant.” For the following reasons, I disagree with Mravik and accordingly 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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