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SCHINDLER v. CLERK OF CIRCUIT COURT

No. 82-3087.

715 F.2d 341 (1983)

Randy A. SCHINDLER, Petitioner-Appellee, v. CLERK OF CIRCUIT COURT, Chippewa County, Wisconsin; Hon. Richard H. Stafford, Circuit Judge, Presiding; and Attorney General Bronson C. LaFollette, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 1983.

Attorney(s) appearing for the Case

Jerome S. Schmidt, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondents-appellants.

John E. Tradewell, Asst. State Public Defender, Madison, Wis., for petitioner-appellee.

Before CUMMINGS, Chief Judge, POSNER, Circuit Judge, and ROSENN, Senior Circuit Judge.

ROSENN, Senior Circuit Judge.

In an effort to deal with the growing problem of drunk driving on the public highways, the Wisconsin legislature enacted a statutory system of progressive penalties for successive violations of its laws prohibiting the operation of a motor vehicle while under the influence of an intoxicant or a controlled substance (OWI). Appellant Schindler, convicted of a third violation under the statute, was sentenced to the minimum penalty for a...

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