On Point blog, page 1 of 1

COA affirms OWI 1st conviction despite hand sanitizer contamination defense

County of Waukesha v. Jacob A. Vecitis, 2023AP919, 2/12/25, District II (one-judge decision; ineligible for publication); case activity

Vecitis appeals from a judgment, entered after a bench trial, convicting him of OWI 1st, and an order denying reconsideration. COA concludes the circuit court’s factual findings were not clearly erroneous and affirms.

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Defense win! COA affirms suppression of breath and blood tests due to DA’s errors

State v. Craig R. Thatcher, 2020AP1734, 2/7/23, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs).

A state trooper stopped Thatcher for a suspected OWI, the trooper read the Informing the Accused Form, and, according to Thatcher, provided additional, misleading information that influenced his decision to consent to a breath test in violation of County of Ozaukee v. Quelle, 198 Wis. 2d 269, 280, 542 N.W.2d 196 (Ct. App. 1995). The court of appeals affirmed the circuit court’s decision to suppress the results of the breath test and also the results of the subsequent blood.

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COA affirms denial of reconsideration, rejects constitutional challenge to refusal statute

State v. Aman D. Singh, 2018AP2412-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication); case activity

Singh appealed an OWI second, which the court of appeals summarily reversed and remanded with an order for the circuit court to provide the relief due under §971.13–voiding any penalty in excess of the statutory maximum. On remand, the circuit court did as ordered, Singh moved for reconsideration asking the circuit court to vacate the judgment of conviction, vacate his plea, and dismiss the case. Motion denied. Decision affirmed.

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Court of appeals bungles denial of motion for reconsideration of decision on petition for writ coram nobis

Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity

 This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to revoke operating privilege” but failed to request a refusal hearing, so the court entered default judgment revoking his license.

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