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STATE v. MODORY

No. 96-0241-CR.

204 Wis.2d 538 (1996)

555 N.W.2d 399

STATE of Wisconsin, Plaintiff-Respondent, v. Mark J. MODORY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 25, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Christopher A. Mutschler of Law Offices of Barry S. Cohen, S.C. of Elkhart Lake.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James D. Newlun, assistant district attorney, Kenosha.

Before Anderson, P.J., Brown and Nettesheim, JJ.

NETTESHEIM, J.

Mark J. Modory appeals from a judgment of conviction for operating a motor vehicle while intoxicated pursuant to § 346.63(1)(a), STATS. At the jury trial, Modory sought to defend on the basis that the motor vehicle involved in the incident was immobile. The trial court ruled that such an immobility defense was not recognized by Wisconsin law. Thus, the court barred Modory from presenting this theory of defense to the jury in his closing argument...

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