STATE v. DUMS

No. 88-1154-CR.

149 Wis.2d 314 (1989)

440 N.W.2d 814

STATE of Wisconsin, Plaintiff-Respondent, v. Peter J. DUMS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 21, 1989.


Attorney(s) appearing for the Case

For defendant-appellant there were briefs submitted by Robert P. Rusch of Rusch & Rusch Law Office, S.C. of Medford.

For plaintiff-respondent there was a brief submitted by Donald J. Hanaway, Attorney General, and Thomas J. Balistreri, Assistant Attorney General of Wisconsin Department of Justice of Madison.

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


CANE, P.J.

This is an interlocutory appeal from a nonfinal trial court order upholding the constitutionality of sec. 967.055(2), Stats. Peter J. Dums, charged with a second offense of operating a motor vehicle while under the influence of an intoxicant, contends that this subsection of the statute violates the separation-of-powers doctrine and fails to contain standards necessary for proper implementation. Because the statute does not result in substantial encroachment...

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