State v. Lohmeier

George C. Lohmeier appeals from a judgment of conviction for two counts of homicide by intoxicated use of a vehicle contrary to § 940.09(1)(a), Stats., two counts of homicide by prohibited alcohol concentration contrary to § 940.09(1)(b) and two counts of hit and run causing death contrary to §§346.67 and 346.74(5), Stats. We conclude that § 940.09(2) does not violate the Equal Protection Clause and therefore affirm the conviction in part. However, because we conclude that the jury instruction on contributory negligence deprived Lohmeier of his affirmative defense of intervening cause, we…