Wisconsin State Public Defender
Brief Bank
CRIMES: Traffic Offenses


OWI
State v. Wolter, 99-2421-CR
THE STATUTE IN QUESTION VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE UNITED STATES AND WISCONSIN CONSTITUTIONS BECAUSE IT ARBITRARILY AND IRRATIONALLY PROHIBITS PROBATION FOR INDIVIDUALS CONVICTED OF OPERATING WHILE UNDER THE INFLUENCE.
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State v. John A. Holub, 00-1867-CR
I. THE TRANSPORTATION OF THE DEFENDANT TO THE POLICE STATION FOR FIELD SOBRIETY TESTS WAS IMPROPER; ACCORDINGLY, ALL EVIDENCE DERIVED AS OF THE POINT OF TRANSPORT MUST BE SUPPRESSED.
II. THE EXISTENCE OF PROBABLE CAUSE CANNOT SALVAGE THE ILLEGAL EXTENSION OF THE TERRY STOP BECAUSE OFFICER VIRNIG DID NOT ARREST HOLUB AT THE SCENE.
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Causing Injury
State v. Vitatoe, 99-1471-CR
EVIDENCE THAT MS. VITATOE DROVE AWAY FROM A GAS PUMP "IN A RAPID STATE" WHILE A MAN WAS LEANING ONE OF HIS ELBOWS ON THE WINDOW OF THE CAR AND YELLING AT HER THROUGH THE PARTIALLY-OPEN WINDOW, WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MS. VITATOE WAS CRIMINALLY NEGLIGENT IN THE OPERATION OF A VEHICLE.
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OAR
State v. Quaerna, 98-2645-CR
REVOCATION OF MS. QUAERNA'S OPERATING PRIVILEGES FOR AN ACCUMULATION OF DEMERIT POINTS DID NOT PERMIT THE TRIAL COURT TO IMPOSE CRIMINAL PENALTIES FOR OPERATING AFTER REVOCATION, BECAUSE ALL OF THE DEMERIT POINTS AROSE FROM CONVICTIONS BASED SOLELY ON SUSPENSIONS FOR FAILURE TO PAY FORFEITURES.
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State v. Miller, 00-0111-CR
THE SUSPENSION WAS NOT IN EFFECT WHEN MR. MILLER COMMITTED THE NEW VIOLATION, THUS THE STATE COULD NOT CHARGE HIM CRIMINALLY BECAUSE MR. MILLER'S OTHER SUPENSIONS WERE DUE TO FAILURE TO PAY FORFEITURES.
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Other
State v. Vitatoe, 99-1471-CR
EVIDENCE THAT MS. VITATOE DROVE AWAY FROM A GAS PUMP "IN A RAPID STATE" WHILE A MAN WAS LEANING ONE OF HIS ELBOWS ON THE WINDOW OF THE CAR AND YELLING AT HER THROUGH THE PARTIALLY-OPEN WINDOW, WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MS. VITATOE WAS CRIMINALLY NEGLIGENT IN THE OPERATION OF A VEHICLE.
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State v. Charles A. Wallace, a/k/a LaShawn Thomas, 00-3524-CR
I. THE POLICE UNLAWFULLY DETAINED WALLACE WHEN THEY CONTINUED TO DETAIN HIM AFTER CITING HIM FOR UNLAWFUL LICENSE PLATES, AND AFTER HE POSTED BOND.
II. AFTER RECEIVING A CITATION FOR UNLAWFUL PLATES ON HIS CAR, AND AS WILLIAMS WAS POSTING BOND FOR HIM, WALLACE DID NOT VOLUNTARILY CONSENT TO A STRIP SEARCH, INCLUDING THE REQUIREMENT THAT HE REMOVE HIS PANTS AND UNDERWEAR, BEND OVER, AND SPREAD HIS BUTTOCKS, AND THE POLICE LACKED THE AUTHORITY TO CONDUCT SUCH A SEARCH.
III. THE EVIDENCE DISCOVERED AS A RESULT OF THE STRIP SEARCH, AND SUBSEQUENT STATEMENTS, SHOULD BE SUPPRESSED.
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