Legal Opinion

State v. Lindholm

Court of Appeals of Wisconsin

Decided September 28, 2000No. 99-2298-CRPublished

1Opinion of the CourtRoggensack, J.

¶1. The State of Wisconsin appeals an order of the Jefferson County Circuit Court refusing to bind over Michael J. Lindholm for trial on a felony charge of operating a motor vehicle while intoxicated (OMVWI) because the State submitted only a certified abstract of the Department of Transportation (DOT) driving record for Lindholm as proof of his prior convictions. We conclude that, in a preliminary hearing, such an abstract, as a matter of law, satisfies probable cause to believe that a defendant, who was charged with felony OMVWI because he had a child under sixteen years of age in the car,…

2Cases cited7 opinions

  1. State v. DunnWisconsin Supreme Court · 1984
  2. State v. KochWisconsin Supreme Court · 1993
  3. State v. McAllisterWisconsin Supreme Court · 1982
  4. State v. WidemanWisconsin Supreme Court · 1996
  5. State v. SpaethWisconsin Supreme Court · 1996

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