CIRCUIT COURT - Milwaukee County



CIRCUIT COURT

STATE OF WISCONSIN CRIMINAL DIVISION MILWAUKEE COUNTY

| | |

|STATE OF WISCONSIN, Plaintiff |CRIMINAL COMPLAINT |

| | |

| |Operating a Motor Vehicle While Under the Influence of an Intoxicant (5th or 6th) |

|vs. | |

| |Operating a Motor Vehicle with a Prohibited |

| |Alcohol Concentration (5th or 6th) |

|Def Name | |

|Def Address |CASE NUMBER |

|Def City State Zip | |

|Def DOB, (DOB) |COMPLAINING WITNESS: |

|Defendant. |Complaining Witness |

The above-named complainant, being first duly sworn, states that the above-named defendant, in Milwaukee County, Wisconsin,

OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN INTOXICANT

on Date, at of Location, City, did unlawfully operate a motor vehicle while under the influence of an intoxicant, contrary to Wisconsin Statute Sections 346.63(1)(a) and 346.65(2)5.

OPERATING A MOTOR VEHICLE WITH A PROHIBITED ALCOHOL CONCENTRATION OF

MORE THAN 0.02%.

on Date, at Location, City, did unlawfully operate a motor vehicle while having a prohibited alcohol concentration of more than 0.02%, contrary to Wisconsin Statute Sections 346.63(1)(b), 340.01(46m)(c), and 346.65(2)5.

PENALTIES

Upon conviction of this offense as a fifth or sixth offense, as counted under section 343.307(1), a Class H Felony, the defendant shall be fined not less than $600 nor more than $10,000 and imprisoned for not less than 6 months nor more than six years

PENALTY ENHANCER

If the defendant had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines are doubled. If the defendant had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines are tripled. If the defendant had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines are quadrupled.

IGNITION INTERLOCK ORDER

Pursuant to Wisconsin Statute sections 343.301(1g) and (1m), upon conviction of this offense, the court shall order that the defendant’s operating privileges for Class D vehicles be restricted to operating vehicles equipped with an ignition interlock device (IID) and shall order that each motor vehicle for which the defendant’s name appears on the certificate of title or registration be equipped with an IID, unless the court finds that equipping each motor vehicle with an IID would cause an undue financial hardship.

PROBABLE CAUSE

Complainant is a law enforcement officer employed by the Jurisdiction, and bases this complaint on official reports prepared by Officer Name, which are of the kind that complainant has used in the past and found to be accurate and reliable and which complainant knows are prepared in the regular course of that department’s business.

Those reports reveal that on Date, at Location, City, Officer Name observed Facts Information. Based upon these observations, Officer Name believed the defendant to be intoxicated.

As to defendant’s operation of a motor vehicle:

A. The defendant told Officer Name that was operating a Type of Motor Vehicle on Date, at Location, City.

B. Officer Name took a statement from Name, citizen, who stated that personally observed the defendant operating a Type of Motor Vehicle on Date, at Location, City.

C. Officer Name observed the defendant operating a Type of Motor Vehicle on Date, at Location, City.

As to the chemical test:

A. The defendant subsequently submitted to an Intoximeter breath test, which was conducted according to procedure by Name, a certified Intoximeter operator, within three hours of defendant’s operation of the motor vehicle. The result showed that the defendant’s breath contained Number grams of alcohol in 210 liters of breath. Certifications concerning the instrument pursuant to section 343.305(6)(b)3 will be available by calling (414) 278-4374.

B. The defendant was conveyed to Hospital where, within three hours of defendant’s operation of the motor vehicle, Name drew a sample of the defendant’s blood for chemical analysis. An analysis conducted by Chemist shows that the defendant’s blood contained Percentage% weight of alcohol.

This complaint is further based upon the records of the Wisconsin Department of Transportation, Division of Motor Vehicles, which the complainant has used in the past and found to be accurate and reliable. Those records indicate that the defendant has been convicted of or revoked for an OWI related offense, as counted under §343.307(1), on the prior occasions documented below:

|Arrest Date |Conviction Date |County / State of Offense |Offense |

|Offense date |Conviction date |County / State |Offense |

|Offense date |Conviction date |County / State |Offense |

|Offense date |Conviction date |County / State |Offense |

|Offense date |Conviction date |County / State |Offense |

|      |      |      |      |

Further, complainant states that Location, City is in Milwaukee County, Wisconsin.

END OF COMPLAINT

Subscribed and sworn to before me and approved for filing this _____ day of ___________________________, 20 .

______________________________________ ASSISTANT/DEPUTY DISTRICT ATTORNEY COMPLAINING WITNESS

Name Printed: ____________________________

State Bar Number: _________________________

07.01-OWI5 &BAC5

CIRCUIT COURT

STATE OF WISCONSIN CRIMINAL DIVISION MILWAUKEE COUNTY

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|STATE OF WISCONSIN, Plaintiff |INFORMATION |

| | |

| |Operating a Motor Vehicle While Under the Influence of an Intoxicant (5th or 6th) |

|vs. | |

| |Operating a Motor Vehicle with a Prohibited |

| |Alcohol Concentration (5th or 6th) |

|Def Name | |

|Def Address |CASE NUMBER |

|Def City State Zip | |

|Def DOB, (DOB) |COMPLAINING WITNESS: |

|Defendant. |Complaining Witness |

I, JOHN T. CHISHOLM, DISTRICT ATTORNEY FOR MILWAUKEE COUNTY, WISCONSIN, HEREBY INFORM THE COURT THAT THE ABOVE-NAMED DEFENDANT, IN THE COUNTY OF MILWAUKEE, STATE OF WISCONSIN,

OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF AN INTOXICANT

on Date, at Location, City, did unlawfully operate a motor vehicle while under the influence of an intoxicant, contrary to Wisconsin Statute Sections 346.63(1)(a) and 346.65(2)5.

OPERATING A MOTOR VEHICLE WITH A PROHIBITED ALCOHOL CONCENTRATION OF

MORE THAN 0.02%.

on Date, at Location, City, did unlawfully operate a motor vehicle while having a prohibited alcohol concentration of more than 0.02%, contrary to Wisconsin Statute Sections 346.63(1)(b), 340.01(46m)(c), and 346.65(2)5.

JOHN T. CHISHOLM

DISTRICT ATTORNEY

_________________________________ __________________________________________

DATED DEPUTY/ASSISTANT DISTRICT ATTORNEY

Name Printed: ____________________________

State Bar Number: _________________________

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