A Webster, WI man has been ordered to serve jail time on his conviction for Operating While Intoxicated 4th Offense (OWI).
DrydenWire.com reported in November 2017 (see previous posts below) that Brian Doriott had entered a plea of guilty to 5th Offense OWI regarding his Burnett County Circuit Court charges stemming from an incident that occurred in December 2016.
According to online circuit court records, at a recent hearing in Burnett County Circuit Court, the State and Defense Counsel for Doriott jointly recommended to amend Doriott’s charge to 4th Offense OWI after Defense Counsel submitted a motion to collaterally attack a previous conviction that Doriott had received for OWI 4th offense in a 2000 Burnett County Case. (A collateral attack can be filed to challenge an aspect of a previous case).
The Court accepted that joint recommendation and sentenced Doriott on a 4th Offense OWI conviction.
Doriott has been sentenced to serve 270 days in county jail, with credit for 155 days previously served. The Court also ordered Doriott to complete an Alcohol and Other Drug Assessment and comply with any treatment recommended.
**Previous Posts Below**
Guilty Plea to 5th Offense OWI by Webster Man After Failing to Appear for Jury Trial
Wednesday, November 29, 2017 | by Ben Dryden
A Webster, WI man has entered a Guilty Plea to his Burnett County charge of 5th Offense Operating While Intoxicated (OWI) after he failed to appear for a jury trial scheduled on his case.
DrydenWire.com reported on March 30, 2017, that Brian Doriott of Webster, WI, was facing charges in Burnett County Circuit Court of 5th Offense OWI. Online circuit court records show that a second charge of Operating with a Prohibited Alcohol Concentration (PAC) 5th Offense was also filed against Doriott.
A Jury Trial was scheduled for November 28, 2017, in Burnett County Circuit Court on Doriott’s charges, however, online circuit court records show that Doriott failed to appear for that Jury Trial and a warrant was issued for Doriott.
Online circuit court records then indicate that the warrant was canceled and Doriott did appear in Burnett County Circuit on November 28, although the details are not listed as to what time he appeared or why he failed to appear for the Jury Trial at the time it was scheduled.
According to online circuit court records, when Doriott appeared before the Court on November 28, he entered a plea of guilty to his charge of 5th Offense OWI. The 2nd charge of PAC 5th Offense was dismissed, but read in.
The charges against Doriott stem from an incident in December 2016 when a call was received by Burnett County Dispatch reporting that a drunk male had knocked on someone’s door and asked for directions to Webster. Burnett County Sheriff’s deputies located a vehicle driving in the area in question, and traveling at around 25 miles per hour (mph) in a 55 mph speed zone area.
A Deputy saw the vehicle cross over into the wrong lane of traffic before it came to a stop, blocking the southbound lane. The male driver exited the vehicle and approached the deputy with his hands in his pockets, swaying and slurring his speech. The driver identified himself as Brian Doriott.
An evidentiary test to determine the level of Doriott’s intoxication was conducted on a sample of Doriott’s blood, according to the criminal complaint, however, the results of that test are not known to DrydenWire.com.
At his hearing on November 28, 2017, the court revoked Doriott’s bail and ordered him to report to jail immediately. A sentencing hearing has been scheduled for later this year.
Webster Man Charged With Felony 5th Offense OWI in Burnett County
Thursday, March 30, 2017 | by Ben Dryden
Felony charges for 5th Offense Operating While Intoxicated (OWI) are filed in Burnett County Circuit Court against Brian J. Doriott of Webster, WI.
According to the criminal complaint filed against Doriott in Burnett County Circuit Court, Burnett County Dispatch received a 911 call on December 16, 2016, reporting a drunk driver. The caller told the dispatcher that a drunk male came to her door and said he was lost and asked for directions to Webster.
A Burnett Sheriff's Department Deputy responded to the area of Gaslyn Road and County Highway X and saw one set of tire tracks in the snow traveling westbound on Gaslyn Road and then turning south on County Highway X. The deputy followed the tracks and soon saw a vehicle traveling around 25 miles per hour, where the posted speed limit is 55 mph.
The criminal complaint continues stating that the deputy followed the vehicle and saw it cross into the wrong lane of traffic before coming to a stop, blocking the southbound lane. At this time, the deputy pulled up behind the vehicle, stopped and turned on the squad car's emergency lights. The driver of the vehicle got out on the passenger side and started walking towards the deputy with his hands in his pockets.
When the deputy told the driver to show his hands, he did so, however when told by the deputy to face away from the deputy and keep his hands up, the driver instead walked into the northbound lane of the road. The driver did move over behind his vehicle when the deputy told him to do so for safety. The complaint states that Doriott was swaying back and forth and his speech was very slurred.
The driver of the vehicle identified himself as Brian Doriott. The deputies on scene did attempt to conduct field sobriety with Doriott, however, he was unable to complete the tests, telling the deputies that he could not do the tests and that he was lost and asking them to just let him go home.
Doriott was placed under arrest and transported to the Burnett Medical Center where he consented to an evidentiary blood draw and later taken to the Burnett County Jail and booked in.
If convicted of this 5th Offense OWI, Doriott could face a maximum sentence of 6 years in prison or a fine of up to $10,000, or both.
Pursuant to the direction of the Wisconsin Supreme Court, as found in Supreme Court Rule 20:3.6, Trial Publicly, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.