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B. Chs. 343-346: Traffic offense

State v. Ryan C. Diehl, 2019AP1176-CR, District 4, 2/20/20 (recommended for publication); case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and… Read More

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State v. Bartosz Mika, 2019AP1488, District 2, 2/19/20 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court appropriately exercised its discretion in continuing Mika’s refusal hearing so the state could call another witness, and the testimony of the additional witness established police had reasonable suspicion to stop Mika. After Mika was arrested… Read More

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Consent to draw blood was voluntary

State v. Justin T. Kane, 2018AP1885-CR, District 4, 2/6/20 (one-judge decision; ineligible for publication); case activity (including briefs) Kane’s consent to a blood draw after his arrest for OWI was voluntary under all the circumstances. The circuit court made findings of fact after a suppression hearing, and, of course, the court of appeals accepts those… Read More

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City of Cedarburg v. Ries B. Hansen, 2020 WI 11, 2/11/19 (on bypass of the court of appeals); case activity (including briefs) Municipal courts have subject matter jurisdiction over ordinance violations (e.g. an OWI 1st), and circuit courts have subject matter jurisdiction over misdemeanors and felonies (e.g. an OWI 2nd or subsequent). In this 4-3… Read More

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Officer complied with implied consent law

State v. Anthony J. Madland, 2019AP146-CR, District 3, 1/28/20 (one-judge decision; ineligible for publication); case activity (including briefs) Madland asserted that he requested an alternative chemical test under § 343.305 and that the officer who read the “informing the accused” form to him misled him as to his right to request an alternative test. The… Read More

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State v. John W. Lane, 2019AP153-CR, District 4, 10/17/19 (one-judge decision; ineligible for publication); case activity (including briefs) Lane consented to a blood draw after his OWI arrest, but a week later wrote the State Hygiene Lab saying he was revoking his consent to the collection and testing of his blood. The authorities tested the… Read More

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State v. Jude W. Giles, 2018AP1967-CR, District 3, 10/8/19 (one-judge decision; ineligible for publication); case activity (including briefs) Jude’s sought to admit the results of his preliminary breath test results (.076) to lay a foundation for his expert’s opinion that alcohol was still being absorbed into his blood, making the state hygiene lab’s blood test… Read More

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State v. Keith H. Shoeder, 2019 WI App 60; case activity (including briefs) So if you’re going to drink and drive your riding mower, stay on your lawn. Shoeder drove his riding mower on the paved shoulder of a city street, and was stopped and arrested for OWI in violation of § 346.63 after police… Read More

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