On Point blog, page 2 of 87

COA upholds statute prohibiting possession of a firearm while intoxicated despite State’s failure to adequately litigate matter in circuit court

State v. Bernabe Gonzalez,  2024AP358-CR, 5/6/25, District I (1-judge decision, ineligible for publication); case activity

In what we believe is COA’s first foray into the vexing world of firearm regulation post-Bruen and RahimiCOA holds that Wisconsin’s statute prohibiting intoxicated persons from “going armed” passes muster under an originalist legal analysis.

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COA finds preserving electric vehicle’s battery no defense for driving too slowly on the expressway.

State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity

The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed.  Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery, the COA concluded contacting roadside assistance was a safer alternative than driving 45 miles per hour on an interstate highway where the speed limit was 70.

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COA holds that 911 call created “emergency” justifying warrantless entry into home

State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.

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COA finds police had reasonable suspicion to extend traffic stop to conduct field sobriety tests; reverses suppression order.

State of Wisconsin v. Alex Mark Hagen, 2024AP1180, 3/6/25 District IV (one-judge decision; ineligible for publication); case activity

COA reversed the circuit court’s order suppressing evidence of field sobriety tests and their fruits, finding that police had reasonable suspicion to extend a traffic stop to investigate the defendant for operating a vehicle while intoxicated.

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Defense win: COA concludes it was improper to order IID after dismissal of refusal citation

State v. Devron Michael Green, 2024AP1104, 3/5/25, District II (1-judge decision, ineligible for publication); case activity

In an interesting statutory construction appeal, COA concludes it was improper for circuit court to order an IID in conjunction with an OWI-1st citation when the accompanying refusal was dismissed and no findings were made under the refusal statute.

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COA: police had probable cause to arrest for OWI after finding a “crashed” motorcycle and unconscious person nearby

State v. Peter John Long, 2023AP2300, 2/26/25 District II (one-judge decision; ineligible for publication); case activity

Long appeals pro se from his refusal conviction, contending the officer lacked probable cause to arrest for OWI. COA affirms.

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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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COA holds there was reasonable suspicion to seize motorist for unreadable license plate even if plate was, in actuality, readable

State v. Glen Michael Braun, 2022AP1764, 2/25/25, District III (one-judge decision; ineligible for publication); case activity

In a case demonstrating the tough hill that litigants must climb to prove an officer lacks reasonable suspicion, COA affirms an order denying Braun’s suppression motion based on a possible equipment violation.

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COA holds that difference between “L meth” and “D meth” does not create a defense to RCS prosecution

State v. Walter L. Johnson, 2024AP79-CR, 2/13/25, District IV (recommended for publication); case activity

In a case resolving a hot issue for OWI litigators, COA rejects challenges to an RCS prosecution based on the chemical difference between “L meth”–found in certain nasal decongestant sprays–and “D meth,” which is found in illicit street drugs.

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COA rejects pro se challenges to OWI 1st and refusal convictions

City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1120 & 1121, 1/7/25, District III (one-judge decision; ineligible for publication); case activity

LaCrosse appeals pro se from the circuit court judgments, entered after a bench trial, convicting him of first-offense operating a motor vehicle while intoxicated (OWI) and refusing to submit to a chemical test for intoxication. COA rejects all his arguments and affirms.

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