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Tag Archives: prior convictions

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 because Malsbury’s Washington conviction was ...

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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 served as the basis for ...

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2010AP2223-CR State v. Joski

Motor Vehicles OWI; prior convictions; collateral attacks Brian Joski appeals an order denying his motion to collaterally attack a prior operating while intoxicated conviction. Joski asserts the circuit court failed to properly analyze the issue. We affirm. This opinion will not be published. 2010AP2223-CR State v. Joski Dist III, Brown County, Bischel, J., Brunner, J. Attorneys: For Appellant: Singh, Sarvan, ...

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2010AP3040-CR State v. McGee

Motor Vehicles OWI; prior convictions George McGee appeals a judgment convicting him of operating while intoxicated (OWI), fourth offense, and an order denying his motion to collaterally attack one of his prior OWI convictions. Specifically, McGee contends his second OWI conviction cannot be used to enhance his sentence because he did not validly waive his constitutional right to an attorney ...

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Wis. Supreme Court says prior convictions count

Madison - Wisconsin law is tougher on drivers under age 21 who were busted for drinking and getting behind the wheel in other states than if they were convicted in Wisconsin, a divided state Supreme Court has made clear.

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2010AP480-CR State v. Reese

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 purposes of penalty enhancement. Reese contends he was not represented by counsel during his guilty plea in the Calumet County ...

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2008AP3144-CR State v. Carter

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 that the phrase ‘with an excess or specified range of alcohol concentration’ modifies the phrase ‘using a motor vehicle,’ not ...

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2010AP833-CR State v. Bucknell

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 prior convictions for second and third offense OWI. Bucknell contends that his constitutional right to counsel was violated with respect ...

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