City of Cedarburg v. Hansen
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The Supreme Court reversed the order of the circuit court vacating Defendant's 2005 conviction by the Mid-Moraine Municipal Court of operating while intoxicated (OWI) in violation of a City of Cedarburg ordinance, holding that the municipal court had power to adjudicate the allegation that Defendant operated a motor vehicle while intoxicated in violation of a municipal ordinance.
When Defendant was again charged with OWI in 2016, Defendant collaterally attacked his 2005 conviction by proving that he had a 2003 OWI conviction in Florida. Defendant argued that, therefore, his 2005 OWI conviction was factually a second offense and outside of the municipal court's limited subject matter jurisdiction. The circuit court reversed, concluding that the 2005 judgment was void for lack of municipal court subject matter jurisdiction. The Supreme Court reversed, holding (1) the 2005 municipal citations invoked the municipal court's subject matter jurisdiction, which was granted by Wis. Const. art. VII, 14; and (2) even if Wisconsin's statutory progressive OWI penalties were not followed in 2005, the municipal court would have lacked competence, not subject matter jurisdiction.
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