Legal Question in DUI Law in Wisconsin

Wisconsin here. Milwaukee County to be exact. Here's the run down:

I was in the army and of young, legal drinking age attending college there.

I got in my car to go home, realized I wasn't well enough to drive, and pulled WAY over off the side of the highway.

Car is fully off. Keys in ignition. I'm resting/sleeping in the front seat to feel better.

Cop comes. Gets me for being intoxicated behind the wheel with the car off.

I've appealed multiple times, appeared in front of the judge six times, wrote letters, had family members write letters, and finally gave up. This killed my military career for any opportunity for advancement, as well as a lot of monetary debt.

This happened about 5 years ago. Can I re open it and do anything at all? Lessen the amount due? Plead for my innocence again? I had no idea at that age, as I'm sure many other people don't either, that the car off, but keys in ignition means you are 'driving.' I'm sure everyone always says that their judge was terrible, but I truly feel that mine didn't listen to my case. Thanks for any and all help.


Asked on 12/27/16, 10:24 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

The scenario leading to your arrest and resulting OWI charges is a very common one. You were punished for driving in the first place, before you pulled over to sleep, regardless of whether or not the vehicle was still being operated when the officer located you. While drivers who pull over to sleep often get some consideration for doing the right thing, this does not create a legal defense to driving in the first place while drunk. My guess is therefore that your appeals will get you nowhere. Reopening old drunken driving convictions is next to impossible, so your only opportunity to beat the charge was before you were convicted, which opportunity sounds like it has long ago passed you by. Your judge was only doing his job so far, but being only human, is likely to eventually lose patience and impose penalties if you continue to bring merit-less motions to reopen and appeals which have not been properly vetted by an experienced criminal lawyer.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising.

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Answered on 12/31/16, 7:09 am


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