City of La Crosse v. Richling

Paul Richling appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OMVWI), contrary to sec. 346.63, Stats. Richling claims the judgment must be reversed because the parking lot where the OMVWI violation occurred does not qualify as premises held out to the public for use of motor vehicles as required by sec. 346.61, Stats. We reject this contention and affirm the conviction.

I. BACKGROUND

The parties stipulated to the facts. On the afternoon of December 10,1991, Richling was operating his automobile in the parking lot of Schmidty's Bar & Restaurant when he…