SHELL LAKE, Wis. -- Felony charges filed against William Hansen of Spooner, WI for 5th Offense Operating While Intoxicated have been dismissed.
Public record shows that on June 6, 2017, William Hansen, appeared in Washburn County Circuit Court regarding his pending criminal case. The State moved to dismiss the charge of 5th Offense OWI and Hansen entered pleas of no contest to an amended charge of Misdemeanor Possession of Marijuana and to the charge of Misdemeanor Possession of Drug Paraphernalia.
Hansen was originally charged with Felony OWI 5th offense and Felony Possession of Marijuana as well as Misdemeanor Possession of Drug Paraphernalia after a traffic stop by the Wisconsin State Patrol in November 2016. The criminal complaint filed against Hansen stated that the Trooper noticed the odor of burnt marijuana when he made contact with Hansen. A search of Hansen's vehicle was conducted and marijuana and drug paraphernalia were located.
Public record does not detail why the Felony OWI charge was dismissed, however on April 28, 2017, a hearing was held on a Motion to Suppress which was filed by Hansen's defense attorney. It was noted after that hearing that the Court was satisfied that the officer had reasonable suspicion to stop Hansen's vehicle, however, the Court also ordered both defense counsel and the district attorney to prepare briefs [legal documents presenting an argument to the Court] regarding 'other issues'.
Hansen was sentenced to 1 year of probation under the supervision of the Wisconsin Department of Corrections, Probation and Parole for the convictions for Misdemeanor Possession of Marijuana and Misdemeanor Possession of Drug Paraphernalia. The Court also ordered Hansen to follow through with an Alcohol and Drug Assessment and any recommendations.
DrydenWire.com reached out to area attorney, Joseph Schieffer, for some insight regarding this type of case:
While Courts in Wisconsin have discretion regarding dismissal of every offense, special scrutiny is applied when handling dismissal of OWIs. Wis. Stat. 967.055 was added to “encourage the vigorous prosecution of offense concerning the operation of motor vehicles by persons under the influence of an intoxicant, [or] a controlled substance…”
This statute adds an extra step in the process of dismissal. Pursuant to Wis. Stat. 967.055(2)(a) , in order to amend or dismiss an OWI related charge the prosecutor must “apply to the court stating the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant…” This provision adds a safeguard that appears to vet the discretion of the prosecutor to ensure that an OWI related offense is not being dismissed purely as a matter of plea negotiations, but for a reason such as lack of evidence or other applicable circumstances. The extra ‘hoop” that 967.055(2)(a) adds does not apply in non-OWI offenses but as stated earlier courts still have discretion whether or not to accept a dismissal motion.
About Attorney Joseph Schieffer: Joseph has formerly prosecuted cases in Barron & Washington counties in Wisconsin. Currently, he is a solo practitioner in Cumberland, Wisconsin specializing in criminal defense and civil litigation in Barron, Washburn, Rusk, Burnett, Sawyer, and surrounding counties. He can be reached at joseph@schiefferlaw.com with questions or comments.
***Previous Post***
Spooner Man Appears in Court for 5th OWI, Drug Charges
Thursday, February 9, 2017 | by Ben Dryden
A Spooner, WI man charged with felony operating a motor vehicle while intoxicated, 5th offense, appeared in Washburn County Circuit Court on Friday, February 3, 2017.
William Hansen was arrested by the Wisconsin State Patrol on November 19, 2016, after a Wisconsin State Trooper conducted a traffic stop because he observed Hansen's white SUV operating with only one working headlight within the City of Spooner, WI.
According to public records obtained and reviewed by DrydenWire.com, when the Trooper made contact with Hansen's vehicle, Hansen initially opened his car door and started to exit the vehicle, however, the Trooper advised Hansen to stay in the vehicle. An odor of burnt marijuana was immediately noticed by the Trooper.
Hansen advised the Trooper that he was heading “right here” when he was asked where he was going that evening, and why he didn't stop immediately for the Trooper.
The Trooper then asked Hansen to exit the vehicle. The Trooper advised Hansen that he was being arrested at that time.
A search was conducted of Hansen and his vehicle and during that search, marijuana was located along with marijuana paraphernalia.
Hansen's dog was in the vehicle with him at the time of the traffic stop. Hansen advised the Trooper that he wanted to call someone to come and pick up his dog, however when the Trooper advised that he would have to utilize Hansen's phone himself and make that call, Hansen said: “ain't happening.” The dog was ultimately transported to the Spooner Humane Society by the Spooner Police Department.
Records show that Hansen has previously been convicted twice for possession of marijuana and also previously convicted four times for operating while intoxicated. Hansen faces a potential maximum sentence of 6 years if convicted of this offense.
Hansen is scheduled to be in Washburn County Circuit Court again on March 9, 2017.
DrydenWire.com reminds our readers that individuals charged with a crime are presumed innocent until convicted by a judge or jury.
***Original Post***
Spooner Man Arrested for 5th OWI
Sunday, November 20, 2016 | Wisconsin State Patrol
According to the Wisconsin State Patrol, a trooper stopped a vehicle, driven by William L. Hansen, 53 of Spooner, for a defective headlight near the intersection of Highway 63 and County Highway K in Washburn County around 7:56 p.m. Saturday night. Upon observing indications of controlled substance use, an investigation by the trooper revealed possession of controlled substances and probable cause that Mr. Hansen was also in violation of operating a motor vehicle with a restricted controlled substance in his person. This was Mr. Hansen's 5th OWI violation.
A legal blood draw was completed and Hansen was turned over to the Washburn County Jail.
Last Update: Jun 09, 2017 12:39 pm CDT
