Legal Opinion

State v. Hirsch

Court of Appeals of Wisconsin

Decided March 12, 2014No. 2013AP427-CRPublished

1Opinion of the CourtNeubauer, P.J.

¶ 1. Daniel M. Hirsch appeals from a judgment of conviction for operating while intoxicated (OWI), sixth offense, and an order denying postconviction relief. Hirsch argues that Wis. Stat. § 343.307(l)(d) (2011-12),1 which defines which out-of-state OWI-related convictions count as prior offenses for sentence enhancement purposes, violates the Equal Frotection Clause of the United States Constitution because his out-of-state "zero tolerance" suspensions count whereas Wisconsin "absolute sobriety" violations would not. Hirsch also argues that the trial court erred in not applying issue…

2Cases cited16 opinions

  1. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  2. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  3. Michelle T. Ex Rel. Sumpter v. CrozierWisconsin Supreme Court · 1993
  4. State v. McManusWisconsin Supreme Court · 1989
  5. State v. SmithWisconsin Supreme Court · 2010

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