Will v. State

The single issue in this case is the constitutionality of an order requiring an indigent offender to pay his $250 fine plus costs in ninety days or be imprisoned for twenty-five days for nonpayment of the fine.

On October 30, 1975, John F. Will pleaded guilty to operating a motor vehicle while under the influence of an intoxicant, contrary to sec. 346.63(1) (a), Stats., before the Honorable William H. Carver, County Judge. Mr. Will had two previous convictions for the same offense in 1970 and 1971. Because he had already made some progress in an alcoholic treatment program, the State…