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State v. Gerard W. Carter, 2008AP3144-CR, Wis SCt review, 3/9/10

decision below: 2009 WI App 156; for Carter: Craig M. Kuhary

Issues:

Do violations of Illinois’ zero tolerance (absolute sobriety) law count as prior offenses for sentence enhancement purposes under Wisconsin’s Operating While Intoxicated (OWI) Law (Wis. Stat. §§ 346.63 and 346.65)?

What methodology are trial courts to employ in determining whether to count out-of-state OWI-related offenses for sentence enhancement purposes under Wis. Stat. § 343.307?

First crim-law grant in quite nearly four months and—surprise!—it’s a state’s appeal. This one deals with whether foreign “zero tolerance” suspension is purely administrative and thus ineligible for Wisconsin OWI enhancement.

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