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Karyn T. Missimer

Karyn Missimer’s Legal Cases

43 total


  • State v. R.R.

    Practice Area:
    DUI & DWI
    Date:
    Sep 09, 2008
    Outcome:
    Judgment reversed. DUI-2nd dismissed.
    Description:
    Client and his girlfriend were out drinking. His girlfriend was the designated driver; and she was driving his car. After they left a bar and the girlfriend drove a short distance, she realized her ID was still at the bar. She illegally parked outside the bar, turned on the hazards, and left the car running. Client was in the passenger seat. He wanted to make sure that traffic went around the car. So, he grasped the driver door handle, pulled himself over to the driver side, rolled down the driver side window, then began waiving vehicles around his car. An officer noticed the car was illegally parked and decided to investigate. He assumed client was the driver and proceeded accordingly. The officer did not ask if client was the driver until after the arrest. When asked, client immediately advised the officer that his girlfriend was driving. His girlfriend came out of the bar during the field sobriety tests, but did not advise the officer she was driving. Even though she was designated driver, she did have some drinks and did not want to be arrested. At a trial to the Wisconsin Circuit Court, client and his girlfriend testified regarding the above facts. Client further stated that he never intended to operate the vehicle, as he already had one drunk driving arrest. The trial judge found the girlfriend's testimony to be credible. The judge also believed client, except for the part about client pulling himself over to the driver side of the vehicle. The judge went on to find that client intended to operate the vehicle because he pulled himself over to the driver side and found client guilty beyond a reasonable doubt. I knew the trial judge was wrong, as intent is not an element of drunk driving in Wisconsin. So, I took this case on appeal pro bono. On appeal, I argued that no reasonable trier of fact could have found client guilty beyond a reasonable doubt under these circumstances. The Wisconsin Court of Appeals agreed, and reversed the judgment of the circuit court unequivocally.
  • State v. T.K.

    Practice Area:
    DUI & DWI
    Date:
    Nov 09, 2007
    Outcome:
    DUI-4th reduced to DUI-3rd
    Description:
    Client convicted of his second DUI offense in 1996. At that time, he was going through a bankruptcy, but was ineligible for public defender assistance. When client pleaded to the 1996 offense, the judge failed to advise client that he had the right to a court-appointed attorney. The court further failed to properly advise client of his constutional rights. Based on these facts, I was able to successfully attack and "knock out" the 1996 offense. Thus, the DUI - 4th charge client faced when i represented him was reduced to a DUI - 3rd.
  • State v. R.C.

    Practice Area:
    Criminal Defense
    Date:
    Aug 17, 2006
    Outcome:
    Not guilty at jury trial (Disorderly Conduct).
    Description:
    Client was accused of disorderly conduct/domestic violence with a dangerous weapon. The best part of the jury trial was when I crossed a witness who testified that client was surrounded by a bunch of people, holding a two-year old child in one hand, and a shiny object in his other hand. The witness admitted that client may have been protecting the child rather than causing the disturbance. The jury was out for approximately 30 minutes and returned a verdict of not guilty.
  • State v. B.L.

    Practice Area:
    DUI & DWI
    Date:
    May 22, 2007
    Outcome:
    Not guilty at jury trial (OWI-1st).
    Description:
    Client was charged with Operating While Intoxicated as a first offense. In this case, there was a video of the stop and field sobriety tests. Client was stopped for speeding. There was no erratic driving. The video showed client passing the walk and turn test, as well as the one leg stand test. The only test client "failed" was the horizontal gaze nystagmus, or HGN, test. While cross-examining the state trooper who arrested client, I used the video to establish that the trooper did not administer the HGN properly. I then used the trooper's training manual to establish that when the HGN is administered improperly, it is not valid. After approximately 30 minutes of deliberation, the jury returned a verdict of not guilty.
  • State v. J.C.

    Practice Area:
    DUI & DWI
    Date:
    Dec 05, 2008
    Outcome:
    Case dismissed (DUI-2nd).
    Description:
    The complaint lacked reasonable suspicion. In other words, the complaint did not state why the officer stopped J.C. in the first place. Without reasonable suspicion, the complaint was insufficient. I made an oral motion at the initial appearance to dismiss the complaint. The prosecutor conceded that the complaint was deficient, and the case was dismissed.
  • State v. B.W.

    Practice Area:
    DUI & DWI
    Date:
    Jul 10, 2009
    Outcome:
    Prior DUI dismissed. DUI-3rd reduced to DUI-2nd.
    Description:
    Client was charged with OWI-3rd. He had 2 prior offenses from several years ago. The court lacked subject matter jurisdiction in one of the prior offenses. I brought a motion attacking that prior offense. The district attorney reviewed the file for the prior offense and decided client should never have been convicted in the first place. Thus, the district attorney dismissed the prior conviction; and client's OWI-3rd was amended to an OWI-2nd.
  • State v. W.M.

    Practice Area:
    DUI & DWI
    Date:
    Dec 16, 2009
    Outcome:
    Evidence suppressed; charges (DUI-3rd) dismissed.
    Description:
    Client stopped for unregistered plates. 2 a.m. No erratic driving. Stopped immediately and appropriately. When officer made contact, client immediately admitted to operating after revocation ("OAR") and made reference to the fact he was doing everything he could to get his license back. Client also stated just got off of work, and mentioned he was having trouble paying off his fines and providing for his 2 children at the same time. Officer noted a strong odor of intoxicants and went back to his squad. Found 2 prior OWIs. It all went down hill from there. Officer basically admitted only basis for DUI investigation was odor. DA tried to argue that the time of night was significant. I argued it was not given the client had just gotten off work. DA also pounded the table (literally) for over 5 minutes focusing on the fact client was OAR, which was irrelevant. DA also tried to argue client’s statements to officer showed poor judgment. I argued his statements could have well been good judgment and nervousness. Judge agreed with the defense and suppressed majority of the evidence, inlcuding the field sobriety tests and the blood test.
  • State v. M.P.

    Practice Area:
    DUI & DWI
    Date:
    Jun 17, 2010
    Outcome:
    DUI-6th reduced to DUI-5th.
    Description:
    Client charged with DUI-6th. One of his prior DUIs had been determined to be constitutionally defective by a different court in WI. The prosecutor refused to abide by this ruling. I argued to the current court that the ruling should be followed, and the court agreed.
  • State v. G.G.

    Practice Area:
    DUI & DWI
    Date:
    Jan 06, 2010
    Outcome:
    DUI-3rd reduced to DUI-2nd.
    Description:
    Prosecutor tried to argue a DUI from another state counted, even though the other state decided not to prosecute. We presented the records from the out of state case to the judge, and he agreed that case did not count.
  • State v. S.B.

    Practice Area:
    Criminal Defense
    Date:
    Mar 31, 2010
    Outcome:
    Criminal possession of marijuana charges reduced to civil ordinance violation.
    Description:
    Even though client had a prior possession of marijuana charge amended to a civil ordinance vioation, I was able to convince the state to amend a new possession of marijuana charge to a civil ordinance violation, as well.