State v. Wortman
State v. Wortman
Opinion of the Court
¶ 1.
Michel L. Wortman appeals from a judgment of conviction for ninth offense operating while intoxicated (OWI). Wortman was stopped by police after he walked away from the scene of an accident. Wortman argues that all evidence obtained
BACKGROUND
¶ 2. On February 14, 2012, at 8:00 p.m., Fond du Lac County Sheriffs Deputy James Pfeiffer
¶ 3. Pfeiffer checked Wortman's driving record and learned that Wortman's license was revoked, he had eight prior OWI convictions, was on extended supervision, and had a blood alcohol content limit of .02. Pfeiffer administered field sobriety tests. Wortman failed the tests, and Pfeiffer placed Wortman under arrest. Wortman then told Pfeiffer that he had purchased and drank the "king" can of beer from Kwik
f 4. Wortman moved to suppress the statements he made at the scene of his arrest.
ANALYSIS
Suppression of Evidence and Statements Made Prior to Arrest
¶ 5. Wortman argues that the activation of the squad lights, the blocking of his path by the squad car, the invitation that he get into the back of the squad car, and the taking of his driver's license all equate to Wortman being in custody and therefore unlawfully
¶ 6. The Fourth Amendment protects against unreasonable searches and seizures. We recognize two types of seizures: an investigatory or Terry
¶ 8. In State v. Quartana, 213 Wis. 2d 440, 570 N.W.2d 618 (Ct. App. 1997), we addressed the propriety of an investigatory stop under a similar factual scenario. There, Quartana lost control of his vehicle, drove into a ditch, left the accident scene, and walked home. Id. at 443-44. After arriving on the scene of the accident and determining that Quartana was the owner of the vehicle, an officer went to Quartana's home. Id. at 444. Quartana admitted to the officer that he was driving at the time of the accident. Id. The officer collected Quartana's driver's license, noted bloodshot and glassy eyes and the odor of intoxicants, and drove Quartana back to the scene of the accident in his squad car. Id. Quartana failed field sobriety tests conducted at the scene and was thereafter placed under arrest. Id.
¶ 9. We determined that the actions of the officers in Quartana did not exceed the scope of an investigatory Terry stop. We found that the express language of Wis. Stat. § 968.24 authorizes an officer to relocate the suspect a short distance during the course
f 10. Like Quartana, a reasonable person in Wortman's situation would not have believed he was under arrest. Pfeiffer was investigating an accident when he observed Wortman walking away from the scene and stopped him to investigate. Wortman explained that he had fallen asleep at the wheel and that he had been drinking. Pfeiffer smelled intoxicants and observed glassy eyes. Pfeiffer drove Wortman the 100 yards back to the scene of the accident.
¶ 11. Pfeiffer's investigation continued at the accident scene. Pfeiffer determined that Wortman had eight prior OWI convictions and was on extended supervision. Pfeiffer conducted field sobriety tests, which Wortman failed. Wortman was then placed under arrest and handcuffed. The entire encounter, from investigatory stop to arrest, took approximately fifteen minutes. Until his arrest, Wortman was not in handcuffs, was not held for an extended period of time in the squad car, and was not frisked. Pfeiffer's failure to immediately return Wortman's driver's license did not transform the Terry stop into an arrest. See Quar-tana, 213 Wis. 2d at 449. We conclude that under our test for reasonable suspicion, specific and articulable facts presented evidence that criminal activity was
Appropriateness of Fine Imposed
¶ 12. Wortman claims that the circuit court erred when it imposed a fine of $1524. Wortman argues that Wis. Stat. § 346.65(2)(am)6. only allows a civil forfeiture of $150 to $300 for a seventh, eighth, or ninth OWI conviction as § 346.65(2)(am)l. does not make an exception for subdivision six.
f 13. Statutory analysis begins with the plain language of the statute. State ex rel. Kalal v. Circuit Court for Dane Cty., 2004 WI 58, ¶ 45, 271 Wis. 2d 633, 681 N.W.2d 110. "Statutory language is given its common, ordinary, and accepted meaning" and must be interpreted "in the context in which it is used; not in isolation but as part of a whole; in relation to the language of surrounding or closely-related statutes;
1 14. Wisconsin Stat. § 346.65(2)(am)l. provides that the penalty for "[a]ny person violating [Wis. Stat. §] 346.63(1)" (OWI) is a forfeiture of "not less than $150 nor more than $300, except as provided in subds. 2. to 5. and par. (f)." Subdivisions two through five impose escalating fines and penalties for second through sixth OWI violations. Sec. 346.65(2)(am)2.-5. Subdivision six is the section that was applicable to Wortman as it provided that any person violating § 346.63(1) "is guilty of a Class G felony if the number of [specified] convictions . . . plus the total number of suspensions, revocations, and other convictions . . . equals 7, 8, or 9." Sec. 346.65(2)(am)6. (2011-12).
¶ 15. Upon review of the language of the statute, the intent of the legislature is clear. Wisconsin Stat. § 346.65(2)(am)2.-7. clearly provides for increasing fines and terms of imprisonment based on the number of convictions amassed by the defendant. Subdivision (2)(am)6. provided that an individual, like Wortman, convicted of nine OWIs was guilty of a Class G felony. Sec. 346.65(2)(am)6. (2011-12). Under Wis. Stat. § 939.50(3)(g), the penalty for a Class G felony is "a fine not to exceed $25,000 or imprisonment not to
By the Court.—Judgment and order affirmed.
We note that the record includes two different spellings of the deputy's name: Pfeiffer and Peiffer. We use Pfeiffer throughout this decision as that is the spelling used on the citation.
Miranda v. Arizona, 384 U.S. 436 (1966).
Wortman filed two motions: a Motion to Suppress Statements and a Motion to Suppress Because of an Illegal Arrest.
After his no-merit report was denied by this court, Wortman filed a postconviction motion, which the circuit court denied.
Terry v. Ohio, 392 U.S. 1 (1968).
Wisconsin has codified the Terry standard under Wis. Stat. § 968.24, which provides that an officer "may stop a person in a public place for a reasonable period of time" when supported by reasonable suspicion "and may demand the name and address of the person and an explanation of the person's conduct." Section 968.24 further provides that "[s]uch detention and temporary questioning shall be conducted in the vicinity where the person was stopped." All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted.
Wisconsin Stat. § 346.65(2)(am)5. (2005—06) previously contained an all-encompassing penalty for those convicted of a fifth or greater OWI. The legislature amended the statute to include fifth or sixth offenses under subdivision five; seventh, eighth or ninth offenses under newly established subdivision six; and tenth or greater offenses under the new subdivision seven. Sec. 346.65(2)(am)5.-7. (2007-08). It appears that after the inclusion of subdivisions six and seven, the language of § 346.65(2)(am)l. was not similarly amended to reflect the change.
In 2012, when Wortman committed his crime, Wis. Stat. § 346.65(2)(am)6. (2011-12) provided that an individual convicted of seven, eight, or nine offenses was guilty of a Class G felony. The current version of the statute, while otherwise the same, now provides that an individual with the same number of convictions is guilty of a Class F felony. Sec. 346.65(2)(am)6.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.