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Fines – Guidelines, Applicability

State v. Bruce J. Kuechler, 2003 WI App 245
For Kuechler: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding: In sentencing for OWI, “it was not error for the court to seek guidance from the local guidelines” in determining the fine on an OWI sentence. ¶10, citing State v. Jorgensen, 2003 WI 105, ¶¶2, 27, __ Wis. 2d __, 667 N.W.2d 318, for the principle “that although local sentencing guidelines are only applicable to prohibited alcohol concentration (PAC) offenses and are not to be robotically applied to OWI offenses, it is not error to make reference to local guidelines when sentencing for an OWI offense.” (Nor, under Jorgensen, did using the guidelines violate due process or equal protection. ¶12.)

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