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ALMA CENTER, WI, MAN CHARGED WITH OWI 8th.

5/21/2013

 
Charles E. Spangler, 44, was arrested by the Wisconsin State Highway Patrol after reportedly striking a guardrail on Highway 12 near Millston.  According to reports, Spangler has prior OWI convictions in 1994, 1995, 1997, 1999, 2000, 2006, and 2011.  For the most recent, he was sentenced to participate in the Jackson County Treatment Court program in addition to five years probation.

This is one guy who needs a lawyer.  Mr. Spangler's probation officer has no doubt placed a probation hold on him that will keep him in jail until the issue of his probation is resolved.  If he is revoked from probation, then he faces sentencing on his 2011 case in addition to whatever bodes for him relative to his new charges.  Making things even harsher, OWI 7th and greater offenses carry increased mandatory prison sentences so that, if a person is sentenced to serve prison, the initial period of confinement must be no less that 3 years, pursuant to Wis. Stat. § 346.65(2)(am)6.  

A lawyer in this case needs to act very quickly.  The police reports and video-recorded evidence should be obtained right away to determine whether some issue can be raised for suppression of evidence.  At the same time, the lawyer would want to get all documentation relative to the prior convictions to determine whether any of those can be taken out of the equation. 

Yes!  Especially with OWI/PAC 4th or greater, where the prohibited alcohol concentration is a mere .02, keeping prior OWI/PAC convictions from being counted is one of the best things a lawyer can do for an OWI defendant.  This area of the law is tricky, but this firm has helped numerous people reduce their charges by motions to strike prior offenses, including lowering a OWI 5th to OWI 3rd, and OWI 7th to a 6th, thereby avoiding the mandatory 3-year imprisonment of Wis. Stat. § 346.65(2)(am) 6.  Spangler, and anyone charged with repeat OWI, needs an attorney who knows this area of law well and can get these prior offenses knocked out of the picture.   If that is not possible, and the new case cannot be otherwise defeated, then careful legal strategy on how to present this case for sentencing is paramount.  

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    Author

    Christopher W. Dyer, a Wisconsin and Minnesota Trial Lawyer, serving La Crosse and surrounding counties.

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