San Francisco DUI Attorneys: Failure to Appear On Prior DUI Arrest May Constitute Prior Conviction For Sentencing Enhancement Purposes

 Posted on February 12, 2012 in DUI

State of Wisconsin v. Devries , Slip Copy, 2011 WL 1844721 (Wis.App.)

Defendant was found guilty of drunk driving and sentenced as a 5th timer based on the inclusion of Arizona and California drunk-driving matters as prior “convictions" under the Wisconsin statutes. WIS. STAT. § 340.01(9r) defines a “conviction" as including: a “fail[ure] to comply with the law in a court of original jurisdiction"; and a “violation of a condition of release without the deposit of property."

EDITOR’S NOTE: Under Apprendi , all matters that enhance a penalty (except prior convictions) must be proved during trial beyond a reasonable doubt. Plus, the defendant normally has the right of confrontation. How SCOTUS would treat this type of prior “conviction" remains to be seen.