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Attorneys’ Fees-Sanctions-OWI

By: WISCONSIN LAW JOURNAL STAFF//July 10, 2023//

Attorneys’ Fees-Sanctions-OWI

By: WISCONSIN LAW JOURNAL STAFF//July 10, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Aman Deep Singh

Case No.: 2022AP001202-CR

Officials: Brash, C.J.

Focus: Attorneys’ Fees-Sanctions-OWI

Singh appealed from orders of the circuit court denying various motions for relief.

Singh was charged with operating while under the influence of an intoxicant (OWI) and operating with a prohibited alcohol concentration (PAC) as a third offense. The charges stemmed from separate incidents involving Singh’s alleged intoxication and subsequent blood alcohol content tests. Singh moved to dismiss the charges based on the argument that the use of a prior conviction violated the law. The circuit court dismissed the charges without prejudice based on State v. Forrett.

Singh also filed motions related to court-appointed attorney fees and remedial sanctions. The circuit court denied these motions, and Singh appealed those denials. Singh argued that his case should have been dismissed with prejudice due to the applicable statute of limitations. However, the appeals court ruled that the expiration of the statute of limitations did not apply.

Regarding Singh’s motion for remedial sanctions, he claimed that he was entitled to sanctions. The appeals court found no evidence supporting Singh’s claims and concluded that the circuit court did not err in denying the motion.

Lastly, the appeals court addressed the issue of defense attorney fees. The circuit court had ordered Singh to pay defense attorney fees, but the appeals court reversed and the fees vacated since the charges were dismissed.

Affirmed, Reversed and Remanded.

Decided 07/05/23

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