City of Fort Atkinson v. B.B.
Apr 11, 2012OUTCOME: No ignition interlock device on an DUI-1st with a .20 BAC.
Convinced prosecutor to lower a .20 BAC to below a .15 so client could avoid the 1-year ignition interlock device requirement.
Karyn T. Missimer's Legal Cases (44)
Janesville, WI
DUI and DWI Lawyer at Janesville, WI
Practice Areas: DUI & DWI, Appeals ... +2 more
State v. S.H.
Mar 02, 2012OUTCOME: Not guilty at jury trial (DUI-3rd).
Client stopped for speeding; so, client's ability to drive was not impaired. Client failed field sobriety tests, but field sobriety tests only 80% accurate (or 20% WRONG) on their best day; and the of ... ficer deviated from the standardized field sobriety test protocol. Client refused blood test, and officer forced a blood draw. Client's blood alcohol concentration was a .15, but convinced a jury to find client not guilty of DUI.
State v. D.M.
Oct 27, 2011OUTCOME: Convictions vacated. New trial granted (Burglary and Escape charges).
Convinced trial court to vacate client's pleas to burglary and escape charges based on ineffective assistance of counsel. Client granted jury trial.
State v. D.D.
Oct 26, 2011OUTCOME: DUI-3rd (criminal) reduced to DUI-1st (civil).
Client charged with DUI-3rd. Facing minimum of 45 days jail and maximum of 1 year. Convinced prosecutor client entered plea to DUI-2nd without an attorney and in violation of client's 6th Amendment r ... ights. Prosecutor agreed DUI-2nd should not count. Because client's 1st DUI was more than 10 years ago, the criminal DUI-3rd became a civil DUI-1st with no jail time.
State v. C.S.
Aug 22, 2011OUTCOME: Sexual assault dismissed before charged.
Client facing serious sexual assault charges with a 15-year old victim.
State v. C.D.
Jul 20, 2011OUTCOME: DUI-2nd dismissed.
Convinced the prosecutor client drove based on necessity - to avoid imminent physical attack.
Town of Delavan v. B.H.
May 26, 2011OUTCOME: DUI-1st reduced to Reckless Driving (a fine and points).
Client a captain in the US Army. I convinced the prosecutor the consequences he suffered by the Army were severe enough that he should not be convicted of DUI, as well.
City of Franklin v. B.B.
Mar 02, 2011OUTCOME: Not guilty at court trial (DUI-1st and PAC-1st).
Officer observed a Toyota Highlander stop outside a condominium complex. Did a u-turn and saw a man outside the vehicle and leaning against it. There were mailboxes nearby. Officer does another u-tu ... rn. Passenger is standing there and Highlander is gone. Officer stops passenger and asks what he is doing there. Passenger says waiting for cab. Officer asked why driver did not take him home. Passenger says driver was too drunk. Officer goes into complex in general direction of Highlander. Sees a man, who cannot be identified as driver, running behind some condos. One condo has an open garage with a Highlander in it. Officer goes into garage and touches hood. Hood warm. Officer knocks on door to residence in garage. No answer. Sees my client walking by the squad car. Cannot ID him as driver or the person running. Client stops and talks to officer. Admits to drinking. All downhill from there. Brought a suppression motion – no reason to stop my client. Also, officer violated the curtilage around the home by entering garage without a warrant. Officer claimed passenger appeared sick trying to invoke community caretaker. Officer agreed passenger could have been getting mail. Pointed out the possibility of passenger being sick not in report. Officer claims glossy eyes and odor of intoxicants about my client. Again, not in police report. Judge sua sponte brings up community caretaker. Argued community caretaker stopped as soon as officer determined passenger was drunk and waiting for cab. Judge ruled against me. Motion to suppress denied. During trial, I pointed out FSTS done in rain and the things client did right on WAT and OLS. Prosecutor tries to admit breath test results without calibration documents. I object under Wis. Stat. Sec. 345.305(6)(b). If we have the documents showing the breath test contraption was calibrated 120 days before and 120 days after the breath test, then fine. Prosecutor says I have them, as if they are in his office and he forgot. In middle of breath test officer’s direct, clerk brings the documents. Prosecutor turns to me and says – every 4 months? Yep. He has March and August. Well, that would be more than 4 months. Prosecutor dismisses PAC; and there are now no valid BAC results. On closing, I mainly pointed out no clear and convincing evidence of driving. Certainly no evidence of bad driving. Also, clear and convincing evidence is not much less than the criminal standard of beyond a reasonable doubt, as clear and convincing is the same standard we use to take a person’s children away in a CHIPs action. Judge agreed no clear evidence of driving. Judge says does not really believe in HGN. Performance on FSTs not clearly bad. Officer omitting eyes and odor from report is troubling. Doing FSTs in rain is troubling. Not guilty.
City of Oak Creek v. W.D.
Feb 22, 2011OUTCOME: DUI-1st reduced to a Reckless Driving (a fine and points).
Erratic driving. Failed all field sobriety tests. .11 breath test. Negotiated to a non-DUI resolution. A reckless is a traffic ticket and does not count as a prior DUI.
State v. C.H.
Feb 22, 2011OUTCOME: Criminal possession of THC reduced to civil ordinance violation.
Client was stopped for speeding and a search of his glove compartment led to a box with less than a gram of THC in it. Negotiated a civil disposition to keep client's criminal record clean and avoid j ... ail time, as well as the expense and uncertainty of a jury trial.
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