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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
  • Third OWI Offense Charges Reduced
  • Third OWI With .16 blood test result Charges Reduced
  • First OWI Offense Charge Reduced
  • Complete Dismissal of OWI-2nd/PAC-2nd Case Dismissed
  • First OWI Offense Charge Reduced
  • First OWI With .126 Blood Test Result Charges Reduced
  • Third OWI Offense Charge Reduced
  • Second OWI With .175 Blood Test Charge Reduced
  • First OWI With .10 Breath Test Result Charge Reduced
  • First OWI Offense Case Dismissed
  • OWI-First Offense Amended to Inattentive Driving Charges Amended
  • First OWI With .196 Blood Test Result Charge Reduced
  • First OWI With .14 Blood Test Result Charge Reduced
  • Third OWI Dismissed Case Dismissed
  • First OWI With .15 Blood Test Result Charges Reduced
  • First OWI With .186 Blood Test Result Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Chemical Test Refusal Charge Reduced
  • Complete Acquittal in Milwaukee County
  • OWI - Homicide Charges Reduced
  • Fourth OWI With .154 Blood Test Result Not Guilty
  • First OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • Third OWI Offense Case Dismissed
  • Dismissal of all Charges
  • Third Offense With Mandatory 45 Days Charge Reduced
  • Second OWI Offense Charge Reduced
  • First OWI With .13 Blood Test Result Charge Reduced
  • First OWI With .13 Blood Test Result Charge Reduced
  • First OWI With .09 Blood Test Result Case Dismissed
  • Boating While Intoxicated Reduced to a Minor Boating Citation
  • First OWI Offense Charge Reduced
  • First OWI With .164 Blood Test Result Charge Reduced
  • First OWI With .123 Blood Test Result Not Guilty
  • Third OWI Offense Charges Reduced
  • First OWI With .09 Blood Test Result Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Offense Case Dismissed
  • OWI - Homicide Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI With .15 Blood Test Result Not Guilty
  • First OWI Offense Case Dismissed
  • First OWI Offense Charge Reduced
  • Third OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • Possession of THC and Paraphernalia Case Dismissed
  • OWI-1st/Refusal of Chemical Test Charges Reduced
  • Power Lineman Client First OWI Charge Reduced
  • Second OWI Offense Not Guilty
  • Second OWI Offense Charge Reduced
  • First OWI With .211 Blood Test Charge Reduced
  • Fifth OWI Offense Case Dismissed
  • CDL Refuses Chemical Test Charges Reduced
  • BAC First Offense Amended to Reckless Driving Case Amended
  • Second OWI With .15 Blood Test Result Charge Reduced
  • CDL Client's Career is Saved Charge Reduced
  • First OWI With .12 Blood Test Result Charge Reduced
  • First OWI Offense Case Dismissed
  • First OWI Chemical Test Refusal Charge Reduced
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