A 51 year old man from Watertown has been sentenced to six years in prison for drunk-driving. Todd Hamann, in September of 2013, made the worst decision of his life when he chose to operate his custom made three-wheeled motorcycle while inebriated. The man was very emotional and continuously shed tears in the court room not because of the 6 year prison sentence he was faced with but because his drunk-driving had caused the death of his wife.
His wife chose to ride with him
When tested, Hamann registered a shocking .162% blood alcohol which is more than twice the legal limit. Reportedly, Hamann was only tested three whole hours after the crash which undoubtedly means that his blood alcohol level at the time of the crash would have been much higher as it would have considerably subsided in three hours.
His OWI attorney defended his character by saying that he was not a criminal and that he was not someone the society needed to be protected from. His attorney proceeded to present all the letters addressed to the court from people that all vouched for Hamann. They all claim he was a good person and did not belong in jail with criminals. If he treats his wife this way, how does he treat other people?
The judge sentenced him to 6 years prison and 2 years extended supervision. Hamann’s license will be revoked for 5 years from the day of his release.
Man exempted from OWI charge
A 38 year old man has escaped without any punishment after being charged in relation with a drunk-driving case. Strohman was arrested in Green Bay back in 2005 for operating a vehicle while intoxicated. It was mistakenly recorded as his first offense when in reality it was his second offense. Since it was noted as his first offense the case was to be handled in a municipal court as a civil forfeiture, to which he pleaded with no contest.
However, it was supposed to have been recorded as a second offense in a state court since he had a first conviction in 1999 in Illinois as a result of which the municipal court should have never had jurisdiction over him. Strohman was successful in moving for dismissal of the case against him on the grounds that the 3 year statute of limitations had expired.
Strohman who got lucky and got away with no charges has now been apprehended a third time in a new, unrelated OWI case.
OWI charge dismissed as it was mistakenly charged as first offense
Portage WI OWI attorneys are now aware of the ultimate technicality when it comes to beating an OWI charge and successfully defending their clients. There was an incident where attorneys employing the direct attack won back to back appeals court victories. This happens when the 2nd OWI charge against a person is mistakenly entered as the first offense and handled in a municipal court.
At this point the defendant can argue that it is the second offense which should be in the state court as a crime, and then move for the dismissal of the newly filed 2nd offense on the grounds that the 3 year statute of limitations had expired. The individual facing charges is not obligated to disclose his previous convictions.