Latest news with #OWI-7
Yahoo
02-04-2025
- Yahoo
Plea reduces OWI charge
EAU CLAIRE — The defendant in a 2021 OWI case was sentenced Tuesday to a reduced charge and received an 18-month prison sentence. David Harris, 58, Fairchild, faced charges of OWI-7, operating a motor vehicle with a prohibited alcohol concentration (seventh offense) and bail jumping. The agreement with prosecutors saw the charge amended to an OWI-6, to which he pleaded no contest. Other charges were dismissed but read in. The initial 18 months in prison is followed by 36 months' extended supervision. He must also pay more than $600 in fines and costs, as well as have an ignition interlock device installed in his vehicle for 36 months. According to the criminal complaint, Harris was stopped in October 2021 after a patrol officer spotted him driving on Farwell Street without headlights. The officer flashed his lights, but pulled Harris over after that didn't prompt him to turn on his. Harris smelled of alcohol and had difficulty opening the car door after the stop. At one point the officer had to grab his arm to keep Harris from tumbling over. Harris refused field sobriety tests and, when asked about a breath test, 'refused pushing the PBT away.' Wisconsin law designates it as an implied consent state. The law says anyone who drives in a public area 'is deemed to have given consent to one or more tests of his or her breath, blood or urine,' to determine whether intoxicants are present. Refusal can trigger a one-year revocation of a driver's license and required installation of an ignition interlock device. In this case, the officer took Harris to have his blood drawn. That test showed a concentration of .385, more than four times the legal limit and 19 times the limit imposed on drivers after a third OWI. As the case proceeded, the defense sought to attack one of Harris' previous OWI convictions. The defense contended Harris did not have legal representation when he entered a guilty plea, but no record or transcript of the hearing could be found. The court denied the motion, saying that since another court ruling 'something more than 'I do not recall' is necessary' to establish a plea was entered without full knowledge of the ramifications. The judge also questioned Harris' inability to recall the steps of the plea when contrasted with his clear recall that he had been without an attorney. The first two charges against Harris are self-explanatory. The bail jumping charge was added because he was facing an OWI case in Trempealeau County at the time of his arrest.
Yahoo
19-03-2025
- Yahoo
Man in court on seventh OWI charge
EAU CLAIRE — An Eleva man charged with his seventh OWI was in court Tuesday for a hearing in the case. Robert Smith, 54, faces charges of OWI-7 and driving with a prohibited alcohol concentration, seventh offense. The charges were filed in December. According to the criminal complaint, a state trooper was approached at a gas station by someone who was concerned about Smith's behavior. The trooper used his vehicle to box Smith in and spoke to him. Smith was off balance and, when asked for his license, handed over a debit or credit card. Smith said he had called his wife and told her he couldn't drive. While talking with the trooper he stopped to take a call on his cell phone from his wife. Smith failed field sobriety tests and blew a .278 on a breath test, almost three-and-a-half times the legal limit. A subsequent blood draw showed a level of .262. Under Wisconsin law anyone with three OWI convictions has a limit of .02. A seventh OWI is a Class F felony, with the potential for up to 12.5 years in prison. Fines can reach $25,000. Smith has not yet entered a plea.
Yahoo
30-01-2025
- Yahoo
Bloomer man sentenced to three years in prison for seventh drunk-driving offense
CHIPPEWA FALLS — A Bloomer man has been sentenced to serve three years in prison after he was convicted Wednesday of his seventh drunk-driving offense. Scott R. Kerckhove, 55, 1726 17th Ave., pleaded no contest to OWI-7 in Chippewa County Court. Dunn County Judge Luke Wagner ordered the prison sentence, along with three years of extended supervision. He was given credit for 96 days already served. Kerckhove, who was free on bond, was taken into custody at the conclusion of the hearing. He is eligible for a substance abuse program. Kerckhove also was ordered to pay $1,323 in court costs and fines, and he must submit a DNA sample. While on extended supervision, he cannot consume alcohol or enter taverns. His driver's license was revoked for three years, and he must have an ignition interlock device for three years. The trial, slated for March 6, has been canceled. According to the criminal complaint, the Bloomer Police Department received a call about a van swerving on a road in town. The officer found the vehicle on 17th Avenue, near Main Street. The license plate matched the one provided by the caller. The driver, Kerckhove, showed signs of impairment and failed field sobriety tests. A preliminary breath test showed no alcohol in his system, but the officer suspected use of marijuana. Kerckhove was arrested and taken to the Chippewa County Jail. Court records show that Kerckhove was last arrested for driving under the influence in February 2018. He served a one-year jail sentence. He was convicted in 2021 in Chippewa County Court of operating while revoked and possession of marijuana and paid $886 in fines and was ordered to submit a DNA sample. Kerckhove also was convicted in Clark County Court in 2023 for driving while not carrying his license; a felony-level bail jumping charge was read-in and dismissed.
