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Old 05-18-2011, 18:09   #1
golls17
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Repeat OWI offender totals Milwaukee squad car...

http://www.todaystmj4.com/news/local...LIP_ID_1651330

Driver had 5 prior OWI convictions... In WI, the first OWI still isn't criminal...
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Old 05-18-2011, 22:52   #2
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Originally Posted by gollbladder13 View Post
http://www.todaystmj4.com/news/local...LIP_ID_1651330

Driver had 5 prior OWI convictions... In WI, the first OWI still isn't criminal...
Say what? What is it then?
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Old 05-19-2011, 00:10   #3
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Say what? What is it then?
Civil sanction...kinda like your DL suspensions/revocation are, just without the criminal side.
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Old 05-19-2011, 14:06   #4
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For somebody with this guy's record of five, I would recommend about 30 lashes with a horsewhip. Loss of license, fines, and going to jail doesn't seem to deter him, so maybe taking it out of his hide will get his attention.
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Old 05-19-2011, 14:31   #5
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Here, a first time DWI Conviction is a misdemeanor. Second raises to a felony.
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Old 05-19-2011, 16:17   #6
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Here, a first time DWI Conviction is a misdemeanor. Second raises to a felony.
1st Civil forfiture

2nd Misd

3rd Misd
3rd with a child in the vehicle Felony

4th Misd
4th With a child in the car Felony
4th if a prior is within 5 years Felony

5th Felony
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Old 05-19-2011, 17:51   #7
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Three here for a felony. First two are misdmeanors, third is a "D" felony and can get you five years, which is not at all unheard of. Priors only count for the preceding twelve years. Three in twelve years also triggers an automatic six year license revocation.
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Old 05-19-2011, 19:40   #8
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Add a kid in the car, even first time, and it's an automatic Felony here.

And priors only go back 10 years.

Last edited by RocPO; 05-19-2011 at 19:41..
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Old 05-19-2011, 22:44   #9
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Add a kid in the car, even first time, and it's an automatic Felony here.

And priors only go back 10 years.
Ditto but we don't care how far back you've had one or what state.
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Old 05-20-2011, 11:46   #10
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DUI with broken bones here is Felony Assault. First two are misd. third is a felony. If BAC is .3 or above its a Felony even if its your first.
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Old 05-20-2011, 13:44   #11
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Serious Injury by Vehicle here (which would include while driving drunk) is a felony and can net a fellow a nickel. Kill somebody with your car while drunk and you can get 25 years. I have a high school classmate that killed his best friend and seriously injured himself and two others in a drunk driving crash a few months after we graduated (and right after I became a cop) that is currently in prison (eight years later) for vehicular homicide.
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Old 05-21-2011, 20:33   #12
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Criminal Data

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Originally Posted by trdvet View Post
Ditto but we don't care how far back you've had one or what state.
I've been told that almost all states have an agreement to hold each other's DWI convictions as cumulative prior charges. I lived next door to a woman who got 4 in Arkansas, then her fifth DWI in Missouri put her in prison. They didn't count it as number one, they charged her for number five!

Don't they keep track of all DWI's in a criminal database?
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Old 05-21-2011, 21:58   #13
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I've been told that almost all states have an agreement to hold each other's DWI convictions as cumulative prior charges. I lived next door to a woman who got 4 in Arkansas, then her fifth DWI in Missouri put her in prison. They didn't count it as number one, they charged her for number five!

Don't they keep track of all DWI's in a criminal database?
It's usually not actually an agreement as much as it is each state's decision (either via statute or caselaw) to honor convictions for offenses that "substanitally correspond" to the element's of the current offense state's statute, if that makes sense.

There is also a non-resident violators compact (NRVC) that includes sharing of violation data between states, but generally prior impaired driving conviction area is going to come from the person's criminal history and not (solely) their driving record.
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Old 05-22-2011, 06:43   #14
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I arrested a guy several months ago for APC. Wife (drunk also) and 10 year old girl in the truck. I thought she was there to blow into the interlock device, but he had by-passed it somehow. Anyway, the turd blows a .23, and before taking him to the county jail, I attach his Triple I & other info.......I discover this was his 9th DUI offense. And, his DL was valid.....WTF?
He has one helluva lawyer, I guess.
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Old 05-22-2011, 23:37   #15
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Originally Posted by RocPO View Post

And priors only go back 10 years.
In WI ours is a little confusing for boots and those who dont work much night time traffic.

Our works like this for priors: (here is a little hypothetical to help)

-Joe Blow gets his first OWI. Its a forfeiture offense.

-Later on, Joe Blow gets another OWI. If the first one was longer than 10 years ago, he gets #1 again. If it was within 10 years, he gets #2 (a traffic crime).

-After that you count LIFETIME priors. No more 10 year rules.

Our state is nice enough to let you have TWO OWI 1st, so long as you plan them out at least 10 years apart!

They just made changes to our OWI laws including IID requirements for repeat offenders and changing OWI 4th to felony...However that is only if #3 was within the last 5 years.

We dont have a drinking problem or anything...
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Old 05-22-2011, 23:39   #16
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Originally Posted by shootindave View Post
DUI with broken bones here is Felony Assault. First two are misd. third is a felony. If BAC is .3 or above its a Felony even if its your first.
Holy S***! We would have alot of first time offenders being felons then!

My last drunk was a .288.

Not much of a feat or remarkable arrest by Wisconsin standards. LOL
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Old 05-22-2011, 23:45   #17
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Originally Posted by OLY-M4gery View Post
1st Civil forfiture
Dont forget:

1st (with passenger under 16) - Criminal Traffic (Misd)

OH NO!!! NOT A MISDEMEANOR!



On a side note....WHY THE HELL DIDNT I JUST MULTIQUOTE THESE AND MAKE IT A LOT MORE STREAM LINED?
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Last edited by x_out86; 05-22-2011 at 23:46..
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Old 05-22-2011, 23:50   #18
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Originally Posted by OldScribe2009 View Post
I've been told that almost all states have an agreement to hold each other's DWI convictions as cumulative prior charges. I lived next door to a woman who got 4 in Arkansas, then her fifth DWI in Missouri put her in prison. They didn't count it as number one, they charged her for number five!

Don't they keep track of all DWI's in a criminal database?

No agreements just plain ol' criminal history. If someone had two previous convictions in WI and they were both civil then it would still be a felony in my state due to it being the third one.
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Old 05-22-2011, 23:53   #19
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Dont forget:

1st (with passenger under 16) - Criminal Traffic (Misd)

OH NO!!! NOT A MISDEMEANOR!
DWI With Minor Child Under 15 is an automatic blood draw and a felony. Other than that it's a misdemeanor.
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Old 05-23-2011, 09:51   #20
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Originally Posted by trdvet View Post
No agreements just plain ol' criminal history. If someone had two previous convictions in WI and they were both civil then it would still be a felony in my state due to it being the third one.
If neither of the first ones (from Wisconsin) were criminal, they wouldn't be on a criminal history.
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