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09-10876 Bullcoming v. New Mexico
Motor Vehicles OWI; Confrontation Clause The Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of […]
Judge won’t reduce sentence in Oconomowoc crash
WAUKESHA, Wis. (AP) — A Waukesha County judge has rejected a bid to reduce a man’s 30-year prison sentence for driving under the influence of prescription drugs in 2008 and killing a pregnant woman and her daughter. Mark M. Benson argued that Judge J. Mac Davis relied on inaccurate information when in 2009 he sentenced […]
2010AP3112-CR State v. Malsbury
Motor Vehicles OWI; prior convictions Francis A. Malsbury appeals from a judgment of conviction for second-offense operating while intoxicated (OWI) pursuant to Wis. Stat. § 346.63(1)(a). Malsbury argues that his conviction should actually be for a first-offense OWI, as the prior conviction was for reckless driving in the state of Washington. The State counters that […]
2010AP2967 County of Brown v. Schroeder
Motor Vehicles OWI; blood tests; presumption of admissibility Eric Schroeder appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense. He argues the circuit court erred by denying his motion to prevent the County from relying on the presumption of admissibility for the blood test result. […]
Wis. man arrested for 10th time on suspicion of drunken driving
WASHBURN, Wis. (AP) — A northwestern Wisconsin man has been arrested for a 10th time on suspicion of driving drunk. Sixty-two-year-old James Knuuttila of Iron River was stopped by a state trooper last Friday and booked into the Bayfield County Jail. He was charged Monday with having an open intoxicant in his vehicle and driving […]
2010AP2607 City of Sun Prairie v. Smith
Motor Vehicles OWI; alternative tests Michael Smith appeals the order denying his motion to suppress evidence and the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC), in violation of Wis. Stat. § 346.63(1)(a) and (b). Smith […]
2010AP1950, 2010AP1951 County of Milwaukee v. Matel
Motor Vehicles OWI; personal jurisdiction James R. Matel appeals a judgment convicting him of operating while under the influence (first) and keeping open intoxicants in a motor vehicle, contrary to Wis. Stat. §§ 346.63(1)(a) and 346.935(3) (2009-10). Matel argues that his convictions must be reversed and the claims against him must be dismissed because the […]
2010AP2349 Columbia County v. Devos
Motor Vehicles OWI; implied consent Mark Devos appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), contrary to Wis. Stat. § 346.63(1)(a), first offense. He contends the circuit court erred in denying his motion to suppress the results of a chemical test of his blood because […]
2009AP3166-CR State v. Devries
Motor Vehicles OWI; prior convictions Where the defendant was arrested for operating while intoxicated, but failed to appear, the arrests wee properly counted as prior convictions for operating while intoxicated. “Devries argues with respect to the Arizona matter that there is no evidence that, although she was arrested and let go, ‘her promise to appear […]
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