State v. Mattson

The state appeals an order dismissing a complaint charging David F. Mattson with second-offense drunken driving. The state argues that the trial court erred by concluding that a Minnesota drunken driving conviction could not be counted as a prior conviction under Wisconsin law for purposes of penalty enhancement. We conclude that the trial court properly determined that Minnesota’s drunken driving statute is not in conformity with Wisconsin’s statute and that, therefore, a conviction under Minnesota’s law cannot be counted as a prior conviction for purposes of penalty enhancement under…