Legal Opinion

State v. Wilcenski

Court of Appeals of Wisconsin

Decided January 16, 2013No. 2012AP142-CRPublishedCited by 2 opinions

1Opinion of the Court

REILLY, J.1

¶ 1. Every person charged in Waukesha county with operating a motor vehicle while under the influence of an intoxicant or with a prohibited alcohol concentration (OWI) as a second or subsequent offense who lives within a ten-county area is required to go to drug and/or alcohol treatment as a condition of bail. Treatment and monitoring are imposed regardless of the individual circumstances of the defendant. Joseph J. Wilcenski was charged with second-offense OWI in Waukesha county and challenged the court commissioner's blanket bail condition requiring treatment and monitoring. The…

2Cases cited14 opinions

  1. Whalen v. RoeSupreme Court of the United States · 1977
  2. McCleary v. StateWisconsin Supreme Court · 1971
  3. State v. DyessWisconsin Supreme Court · 1985
  4. State v. DuboseWisconsin Supreme Court · 2005
  5. State v. SmithWisconsin Supreme Court · 2010

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3Cited by2 opinions

  1. Hawkins, Joshua v. Lutheran Social Services of Wisconsin and Upper Michigan, Inc.District Court, W.D. Wisconsin · 2021
  2. State v. SchmitCourt of Appeals of Wisconsin · 2018

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