STATE v. WAALEN

No. 84-2133-CR.

125 Wis.2d 272 (1985)

371 N.W.2d 401

STATE of Wisconsin, Plaintiff-Respondent, v. David A. WAALEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 11, 1985.


Attorney(s) appearing for the Case

For the appellant there were briefs by Steven D. Phillips, assistant state public defender.

For the respondent there was a brief by John A. Lang, assistant district attorney for Polk County, Balsam Lake.

Before Cane, P.J., Dean and LaRocque, JJ.


LAROCQUE, J.

David Waalen appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, contrary to sec. 346.63 (1), Stats. He argues that the jury should have been instructed that his ability to operate the vehicle must have been "materially" or "substantially" impaired. Because the trial court's instruction correctly stated the law, we affirm.

Waalen argues that the trial court's departure from the pattern jury...

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