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STATE v. LAWTON

No. 91-0483-CR.

167 Wis.2d 461 (1992)

482 N.W.2d 142

STATE of Wisconsin, Plaintiff-Respondent, v. Timothy A. LAWTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 27, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of James H. Connors and Scott B. Edwards of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general and Sharon Ruhly, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

While traveling eastbound on a state highway, Timothy Lawton fell asleep at the wheel of his vehicle. The vehicle drifted into the westbound lane and collided with a motorcycle, killing both riders. Lawton was issued a traffic citation for operating a motor vehicle while intoxicated (OMVWI) as a first offender, contrary to sec. 346.63(1)(a), Stats. The district attorney subsequently charged Lawton with two counts...

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