Trial Court Had No Authority To Impose Nine Year Driving Ban There Can Only Be One Best DUI Law Firm

Trial court had no authority to impose nine-year driving ban

In State v. Hobbe, the Wisconsin Supreme Court overturned an extended driving ban; by statute, driving privileges can be revoked only for 2 to 3 years.

As reported by Mothers Against Drunk Driving, Wisconsin is alone among the states where the first drunk driving wrongdoing is a traffic ticket-not a crime. In 2012 there were over 33,000 arrests in Wisconsin for operating while intoxicated and over 26,000 convictions for OWI. All in all, there had been over 46,500 three-time OWI offenders and over 8,000 five-time offenders.

However, while MADD may be disappointed with Wisconsin OWI laws, it is important that the laws be enforced fairly and to the letter.

State v. Hoppe

The 2014 Wisconsin Supreme Court decision of State v. Hoppe illustrates, perhaps, an overzealous enforcement of the Wisconsin sentencing of the OWI statutes. In Hoppe, the defendant was convicted of a seventh-level OWI. The defendant was sentenced to nine years of imprisonment, divided equally between the initial 4.5 year period of confinement and 4.5 years of extended supervision. However, since the OWI sentence was ordered to be served consecutive to prior sentences, the defendant could actually be serving a sentence until June 2017 and under supervision until June 2026.

At sentencing, the trial court granted the state's request to revoke the defendant's right to operate a motor vehicle for three years as permitted by statute, which period is tacked on after the end of the extended supervision period. The court also added a condition onto extended supervision which prohibited driving. Thus, the defendant was effectively barred from driving until 2026.

Laudable intent in conflict with statute

The defendant brought a postconviction motion, arguing that the trial court lacked authority to prohibit him from driving during his supervision period. The Wisconsin Supreme Court noted that courts have, generally, undefined, broad discretion to impose conditions during the extended supervision period, and that the driving prohibition was appropriate, reasonable, and was for the protection of the general public. However, this restriction was in conflict with the statutory direction that a license not be revoked or suspended beyond three years.

While the Supreme Court applauded the trial court's intent to protect the public, the trial court's decision conflicted with the legislature's directions as contained in the statutes, which were controlling.

If you find yourself facing an OWI, you should contact an attorney experienced with impaired driving laws in order to best protect your rights and your reputation.

Contact the lawyers at Melowski & Singh, in Sheboygan, to schedule an appointment by calling 920-294-1414.

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We Always Pursue the Best Possible Outcome for Our Clients
  • Second OWI Offense Charge Reduced
  • Prescription Drugs OWI Charges Amended
  • First OWI Offense Charge Reduced
  • OWI With .17 Breath Test Result Charges Reduced
  • First OWI Offense Charge Reduced
  • OWI-2nd/PAC-2nd With .232 Blood Test Not Guilty
  • First OWI With .198 Blood Test Result Not Guilty
  • CDL Client's Career is Saved Charge Reduced
  • First OWI Chemical Test Refusal Charge Reduced
  • First OWI With .11 Breath Test Result Not Guilty
  • First OWI Offense Charge Reduced
  • Second OWI With .14 Blood Test Case Dismissed
  • First OWI With .166 Blood Test Result Charge Reduced
  • Third OWI Offense Charges Reduced
  • Second OWI With .15 Blood Test Result Charge Reduced
  • First OWI With .18 Blood Test Result Charge Reduced
  • Third OWI Offense Charge Reduced
  • First OWI With .11 Blood Test Result Charge Reduced
  • OWI Prescription Drugs First Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • Seventh OWI Probation
  • Prescription Drugs OWI Charge Reduced
  • First OWI With .182 Blood Test Result Charges Reduced
  • Third OWI With .186 blood test result Charges Reduced
  • Medical Client First OWI Charge Reduced
  • Boating While Intoxicated Reduced to a Minor Boating Citation
  • Third OWI Offense Charge Reduced
  • First OWI With .18 Breath Test Charge Reduced
  • First OWI Chemical Test Refusal Charge Reduced
  • First OWI Offense Charge Reduced
  • CDL Client's Career is Saved Charge Reduced
  • Third OWI Offense Charge Reduced
  • First OWI and Drug Possession Case Dismissed
  • Multi-Count Felony Case Dismissed
  • Not Guilty Verdicts for OWI-1st Client

    Complete Acquittal for Client Charged with OWI-1st/PAC-1st

  • First OWI Chemical Test Refusal Charges Reduced
  • First OWI With .135 Blood Test Result Charge Amended
  • Second OWI With .20 Blood Test Not Guilty
  • First OWI With .106 Blood Test Result Not Guilty
  • First OWI With .14 Blood Test Result Charges Reduced
  • CDL OWI Reduced to Traffic Ticket Charge Reduced
  • Third OWI Offense Case Dismissed
  • Third OWI Offense Charge Reduced
  • First OWI With .145 Blood Test Result Charge Reduced
  • CDL Client with First OWI Offense Not Guilty
  • Fifth OWI Offense Case Dismissed
  • Client Avoids Lifetime CDL Disqualification Charge Reduced
  • CDL Business Saved Charges Reduced
  • First OWI With .09 Blood Test Result Charge Reduced
  • First OWI Chemical Test Refusal Charge Reduced
  • OWI - Homicide (Second Offense) Charge Reduced
  • CDL Client's Career is Saved Charge Reduced
  • First OWI With .196 Blood Test Result Case Dismissed
  • First OWI Chemical Test Refusal Charge Reduced
  • Headline-Making Victory Not Guilty
  • First OWI With .13 Blood Test Result Charge Reduced
  • First OWI With .10 Blood Test Result Charges Reduced
  • First OWI With .09 Breath Test Result Charges Reduced
  • First OWI With .136 Blood Test Result Charges Amended
  • First OWI With .15 Breath Test Result Charge Reduced
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