February 2, 2011
1:57 pm
Motor Vehicles OWI; probable cause The County of Sheboygan cited William Lane for operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited blood alcohol content (PAC). Lane was initially stopped and issued a warning ...
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January 27, 2011
12:55 pm
Motor Vehicles OWI; reasonable suspicion Joshua Hysell appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) of .08 or more, in violation of Wis. Stat. § 346.63(1)(b), second offense. He contends the circuit ...
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January 12, 2011
12:44 pm
Motor Vehicles OWI; due process; exculpatory evidence This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a ...
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January 12, 2011
12:43 pm
Motor Vehicles OWI; warrantless searches; consent Chad Ebert appeals from a judgment of the circuit court convicting him of operating a motor vehicle with a prohibited alcohol concentration (third offense). The issue in this appeal is whether the police had ...
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January 12, 2011
12:43 pm
Motor Vehicles OWI; blood tests Craig Erickson appeals from a judgment of conviction for operating a motor vehicle while revoked, second offense, and operating with a prohibited blood alcohol content (PAC), fourth offense. Erickson contends that the trial court erred ...
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January 12, 2011
12:42 pm
Motor Vehicles OWI; reasonable suspicion Thomas R. Paulick appeals his conviction for operating a vehicle while intoxicated, first offense. While Paulick’s argument is somewhat confusing, for reasons we will soon relate, we deem the issue to be whether there was ...
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January 6, 2011
11:26 am
Check out these interesting legal blogs.
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December 16, 2010
1:43 pm
Motor Vehicles OWI; stop and detention; mistake of law George Greenwood appeals his conviction for operating a motor vehicle while under the influence of an intoxicant as a second offense. He challenges the denial of his motion to suppress evidence ...
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December 9, 2010
3:37 pm
Motor Vehicles OWI; stop and detention Brian Rogers appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense, contrary to Wis. Stat. § 346.63(1)(a). Rogers argues the circuit court erred ...
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December 7, 2010
3:11 pm
Motor Vehicles OWI; prior convictions; collateral attacks Douglas Reese appeals a judgment convicting him of fifth-offense driving while intoxicated. He pled no contest after the circuit court denied his motion to void a prior conviction in Calumet County for the ...
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December 2, 2010
2:50 pm
Motor Vehicles OWI; prior convictions Prior suspensions of a driver’s operating privilege under another state’s ‘zero tolerance’ law are convictions within the meaning of secs. 343.307(1)(d) and 340.01(9r). “In examining the run-on list in Wis. Stat. § 343.307(1)(d), we conclude ...
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November 30, 2010
1:17 pm
Motor Vehicles OWI; warrantless blood draws Travis Malinowski appeals a judgment convicting him of operating a motor vehicle while under the influence of a controlled substance (OWI), second offense. Malinowski argues the State violated the Fourth Amendment by drawing his ...
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November 24, 2010
1:42 pm
Motor Vehicles OWI; reasonable suspicion Julio Leon appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense, Wis. Stat. § 346.63(1)(a), and from an order denying his suppression motion. ...
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November 18, 2010
3:24 pm
Motor Vehicles OWI; reasonable suspicion; probable cause Joshua McDonald appeals from a judgment of conviction for operating with a prohibited blood alcohol concentration, in violation of Wis. Stat. § 346.63(1)(b). McDonald contends that the circuit court erred in denying his ...
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November 17, 2010
1:13 pm
Motor Vehicles OWI; stop and detention William J. Merry appeals pro se from a judgment of conviction for operating while under the influence (OWI), third offense. Merry contends that the trial court erred in denying his motion to suppress on ...
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November 16, 2010
1:43 pm
Motor Vehicles OWI; confrontation clause Basil J. Krueger appeals a judgment of conviction, entered following a jury trial, for operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood (fifth offense), contrary to Wis. ...
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November 16, 2010
1:42 pm
Motor Vehicles OWI; stop and detention Michael Ballenger appeals a judgment of conviction for third-offense operating with a prohibited alcohol concentration. Ballenger argues a delay during the course of the traffic stop exceeded the time limits of a Terry stop. ...
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November 10, 2010
12:10 pm
Motor Vehicles OWI; stop and detention John J. Neff appeals from a judgment of the circuit court. Specifically, he challenges an order denying his motion to suppress physical evidence obtained after he was stopped by a city of Mequon police ...
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November 2, 2010
2:15 pm
Motor Vehicles OWI; reasonable suspicion Daniel Torreano appeals a judgment of conviction for first-offense operating while intoxicated. Torreano argues the arresting officer lacked reasonable suspicion to stop him. We disagree and affirm. This opinion will not be published. 2010AP978 Outagamie ...
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October 21, 2010
2:39 pm
Motor Vehicles OWI; probable cause Michael Barahona appeals judgments of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense (OWI), contrary to Wis. Stat. § 346.63(1)(a), and operating with a prohibited alcohol concentration (PAC), ...
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October 14, 2010
12:26 pm
Motor Vehicles OWI; stop and detention Joseph F. Brown appeals the judgment of conviction for operating a motor vehicle while intoxicated, second offense, in violation of Wis. Stat. § 346.63(1)(a) (OWI). Brown also appeals the judgment finding that he refused ...
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October 6, 2010
12:03 pm
Motor Vehicles OWI; implied consent Javier Galvan appeals from a judgment of the circuit court convicting him of operating a motor vehicle while intoxicated. Galvan argues that the circuit court improperly denied his motion to suppress the blood test results ...
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October 6, 2010
12:00 pm
Motor Vehicles OWI; alternate tests After arresting a suspect for driving while intoxicated, officers are not required to provide him both an alternative test at their expense, and another alternative test at the suspect’s expense. “We interpret Stary’s ‘three obligations’ ...
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October 5, 2010
2:27 pm
Motor Vehicles OWI; stop and detention Rolando Cortes appeals a judgment of conviction for operating while intoxicated, third offense. Cortes claims the circuit court should have suppressed evidence of intoxication because officers lacked reasonable suspicion to stop his vehicle. We ...
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October 5, 2010
2:27 pm
Motor Vehicles OWI; community caretaker doctrine The State appeals an order dismissing a criminal complaint charging Jason Sedahl with operating a motor vehicle while intoxicated, fourth offense, and operating a motor vehicle with a prohibited alcohol concentration, fourth offense. The ...
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September 30, 2010
12:35 pm
Motor Vehicles OWI; prior convictions; collateral attacks David J. Bucknell appeals from a judgment of conviction for fourth offense operating a motor vehicle while under the influence of an intoxicant (OWI). He challenges an order denying his motion collaterally attacking ...
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September 29, 2010
2:11 pm
Motor Vehicles OWI; alternative tests Robert J. Brunello, Jr., appeals from an order denying his motion to suppress chemical test results. The trial court denied his suppression motion after determining Brunello’s early request for a blood test expressed his preference ...
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September 28, 2010
11:37 am
Motor Vehicles OWI; refusal; forcible blood sample; due process Andrew M. LaFond appeals an order revoking his operating privileges because of his failure to submit to a chemical blood test in violation of Wis. Stat. § 343.305(10). LaFond argues the ...
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September 23, 2010
2:14 pm
Motor Vehicles OWI; stop and detention Arlie Grenie appeals his conviction for operating a motor vehicle while under the influence of an intoxicant as a second offense. He challenges the denial of his motion to suppress evidence, arguing that there ...
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September 14, 2010
8:19 pm
Motor Vehicles OWI; reasonable suspicion Paul Nelis appeals a judgment convicting him of operating with a prohibited alcohol concentration, fifth and subsequent offense, and possession of a controlled substance, as party to a crime. He argues the circuit court should ...
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