State v. Modory

Mark J. Modory appeals from a judgment of conviction for operating a motor vehicle while intoxicated pursuant to § 346.63(l)(a), Stats. At the jury trial, Modory sought to defend on the basis that the motor vehicle involved in the incident was immobile. The trial court ruled that such an immobility defense was not recognized by Wisconsin law. Thus, the court barred Modory from presenting this theory of defense to the jury in his closing argument. We affirm the trial court’s ruling.

Facts

On May 5, 1995, officers of the Kenosha police department were dispatched to the vicinity of the 3200 block…