Legal Opinion
State v. Carter
Court of Appeals of Wisconsin
Decided September 30, 2009No. 2008AP3144-CRPublishedCited by 1 opinion
1Opinion of the Court
NEUBAUER, PJ.
¶ 1. Gerard W Carter pled guilty to operating while intoxicated (OWI), fourth offense. The issue on appeal is whether two prior out-of-state "zero tolerance" suspensions count as prior convictions under Wis. Stat. § 343.307 (2007-08) 1 for sentencing enhancement purposes under Wis. Stat. § 346.65(2). We conclude that they do not. We reverse the judgment and remand for sentencing based on a second offense OWI.
FACTS
¶ 2. Carter was arrested on August 25, 2007, and charged with OWI, second offense, and operating with a prohibited blood-alcohol concentration. The State later amended…
2Cases cited6 opinions
- Arvia v. MadiganIllinois Supreme Court · 2004
- Gumma v. WhiteIllinois Supreme Court · 2005
- State v. WidemanWisconsin Supreme Court · 1996
- State v. WhiteCourt of Appeals of Wisconsin · 1993
- State v. ListCourt of Appeals of Wisconsin · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. CarterWisconsin Supreme Court · 2010