Peters, Duwayne 13CF514

8/14/2019 Peters, Duwayne 13CF514

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STA.TE OF WISCONSIN: CIRCUIT COURT: WALWORTH COLINTYSTATE OF WISCONSIN,-\/(-DUWAYNE F'.IETI]RSD.O.B. 03t03n969

lcheck if minor passenger in vehicle

AMENDEDCrime(s): 12th OFFENSE

2) OPERATING A MOTOR VEHICLE WITH A PROHIBITEDAICOHOL CONTENT(PAC)3) OPERATING A MOTORVEHICLE WITH ADETECTABLEAMOLINT OF A RESTRICTED CONIROLLED SUBSTANCE(RCS)

Plaintiff,

Defendant.

/

Chief Brad Buchholz, being first duly sworn on information and belief, says that:FOR A FIRST COUNT, the above-named defendant in the County of Walworth, State of Wisconsin, on 10/31/13 in the Villaee oSharon on \Yest School Street, did operate or drive a motor vehicie while under the influence of an intoxicant, a controlled substanc(and/or analog), any other drug or a combination of these substances, conffary to Sections 3a6.63(l)(a) and,346.65(2), WisconsinStatutes.FOR A SECOND COfNT, the above-named defendant,dn tbe County of Walworth, State of Wisconsin, on none in the none ofnone, on none, did operate or drive a motor vehicle with a\r/lubited. alcohoi content, contrary to Sections 346i3(lxb), Ue .ASp1,and 340.01(46m), Wisconsin Statutes. (ltIOTE: this count i\[ot charged if ieft blank or crossed out.)FOR A THIRD COUNT, the above-named defendant, in tf\County of Walworth, State of Wisconsin, on notre in the Citv ofBloomfield, ol 49, did operate or drive a rnotor vehicie t$lilr\ a.t..table amount of a restricted controlled substance in his or herblood, confary to Sections 3a6.63(1)(am),346.65(2), and 340.0'l(46m), Wisconsin Statutes. Q.{OTE: this count is not charged if leftblank or crossed out.)*Although three separate charges may be charged in this complaint, they shail be joined in one case, and while a defendant may beconvicted ofboth, they shall be treated as a single conviction for sentenciag purposes, 3a6.63(1)(c)V/isconsil Statutes.

PENALTIES (check that which appties)X Upon conviction this would be u.r/ Off'nNSf of the tlpe charged herein, as defined by Wisconsin Starutes, for which thpenalties shaIl be a fine of not more than $25,000.00 and imprisonment of not less than four (4) years nor more than tr.velveyears 6 months (12 ll2 ) years imprisonment, or both. (THIS IS A CLASS F FELONY)I Further invoking the provisions of Section 346.65(2)(am)7 and, (2)(t)2,the applicable rninimum and maximum fines orimprisonment for the conviction are doubled because there was a minor passenger under 16 years of age in the motor vehicieat the time of the violation that gave rise to the conviction.

PROBABLE CAUSE SECTIONComplainant states that Complainant works for the following lalv enforcement agency: Village of Sharon Police Dept in thefollowing position: Police Officer and that this complaint is based upon the following (check that which appiies):E information gained through Complainant's own personal observation and investigation as set forth in this complaint.X official law enforcement reports prepared by arresting officer(s) Officer Sean Bianton fellow officer(s) known toComplainant and whom Complainant believes to be truthful and reliable; said reports are kept by the above law enforcemenagency as part ofits reguiarly conducted business; Complainant has referred to such reports in the past and found them to betruthful and reliable; said reports contain the information that is further set forth in this complaint.

(a) Proof of OperationAccording to said arresting officer(s) (check that which applies):E The arresting officer(s) personally observed the iefendant operate or drive a motor vehicle.U The defendant admitted to the arresting offrcer(s) that the defendant operated or drove a motor vehicle.n A witness or witnesses, citizeninformant(s), told the arresting officer(s) that he/she/they saw the defendant operate or drivemotor vehicle. Name(s) of said witness(es):According to the aforementioned source(s) of information, the defendant operated or drove a motor vehicle on the date and at theplace charged in this complaint; and from said source(s) of information the arresting officer(s) further determined the estimated timeof the defendant's operatiag or driving a motor vehicle to be approximately 9:22 p.m.

1) OPERATING A MOTOR VEHICLE WHILE LTNDER THE


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(tr) Proof of BeingU4dellhe Influence of an IntoxicantThe arresting officer(s) further state(s) that the defendant, upon being contacted by the officer(s), identified himselflherself as theabove-named defendant, who was subsequentiy arrested for thjs OWI offense. Prior to the defendant's arrest, the arresting officer(s)noted the following signs of intoxication: Strong odor of intoxicauE tmiltins from his person and his breath. red bloodshot andglassv eves. unsteadv gait and staggerinq when walking and the defendant admitted to drinking a 12 pack of beer.all of which caused said officer(s) to believe that the defendant operated a motor vehicle while under the influence of an intoxicant oand at the time, place and date alleged. The arresting officer(s) further state(s) that after the defendant's arrest for OWI, the defendanwas called upon to submit to a test or tests for intoxicant, with results as follows (check that which applies):X The defendant REFUSED a test. TimelDate of refusal : 1181fi3 9:22 p.m.X The defendant, in the arresting officer(s)'s presence, provided a sample or samples ofhis or her breath, blood and/or urine,each of which was tested as indicated belowComplainant has reviewed the test report(s) for said sample(s); Complainant believes said report(s) to be true, as Complainant hasutilized such repofts in the past and found them to be accurate and reiiable; said report(s) set(s) forth the following information:(NOTE: if tests reports have not yet been received, write PENDING in the blanks below.)Choose type of sample(check one) Sample givenDate/Time Intoximeter Operator or Lab Analyslfrom State Lab of Hvsiene Test ResultsL-l breath X bloodfI urine l0l3lll310:23 p.m. Carolyn Mclimans pending

(c) Proof of Prior OffensesComplainant has reviewed a report of the defendant's driving record, CCAP, judgment of conviction and/or other competent proof,which documents he/she has referred to in the past and found to be accurate and reliable. According to said documents, a copy ofwhich is attached to and incorporated in this complaint, the defendant has been previously convicted 10 TIMES for VIOLATIONS othe tlpe charged herein and is considered a prior offense under 346.65(2)(am)5 and343.307, Wisconsin Statutes, the VIOLATIONdates beirg: 0812111993,1112511993.0410211994.1112711998.4112911999, 0311111999,0312511999,n54611999.0512611999.0711412004,0610212012.. (NOTE: refusals count as prior violations; refusal and violations arising from the same incident are counteas one offense; refusals and violations are counted as of the VIOLATION date.)

(d) Proof of Minor PassensersThe arresting officer(s) further state(s) that there was a/were minor passenger(s) in the motor vehicle at the time of the above statedviolation who was/were identified as none. Said minors were identified by none.

SLIBSCRIBED AND SWORN to before me and approved forfiling this ( day of tLtu ,203*.

Complaining

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Rcsponte: I Froln DOTwr0650000DOT 401398 186 10/31/13 21r25 01 OF 01Request: 2013 -10-31-21.25.36.0000s5 Type=cFL First=DUWAyNE Middte=FLast=PETERS Sex=M DOB={3/0311969DtD P 3 62 -t 66 6-9 0 83-01NAM/PETERS, DUWAYNE FsTR/ls7 W SCHOOL STCTY/SHARON ST/WI ZIPI53585 CT/WALWORTHSEX/M Ri.C/WHrrE DOB/030369 HGT/503 WGTI225 HAVBRWN EYEIHAZLDONR/ NLT=NON ISS- EXp- AT-

-+>>>CONDENSED F'ORMAT / QUICKVIEW

No Llcense Issued Status=REVconfidential ID card confidentlal status=vAL Exptres={3/03/2017ADDRESS UPDATED=I 0tOUZ00tALCOHOL RELATED CONVTCTION COUNT ON WI RECORD: 01IINs URANCE FILING p ERIO D TERMINATION DATE : 07 n6t20r6> ) 08/21l1993 10106t7993 cUILTy IC State=IL\ 0812111993 05ft2/L994 cUILTy OWI State=IL\ 7u25t1993 0uttt1994 GUILTY OWI07mt7994 SUSPENDED DOT ACTION t MONTH OWITNDEf,'INTTE NCI0st02ft994 REVOKED DOT ACTION 2 YEAR IC(PAGE 1-MORE...

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O2II8II994 SUSPENDED DOT ACTION- (olrozn sg4 osto2ngg4 cuILry ICto+tozttggc 04tzutg9s curt,Ty owl

llesponse:2 X'rom l)CTwI0650000DoT 401398 187 70tSL/13 2t:25 01 OF 0t:=>> PETERS, DUWAYNE F Sex=M DOB{}3/03/1969- tuzTnggy 04t27n999 cuILTy owl01108tL999 SUSPENDED DOT ACTION 6 MONTH BAC*_0L/29 tL999 05t28t1999 cUILTy O\ilI-- forlrur sss o4tz7n9s9 curt.Ty owlw3n2t1999 O4nut999 GUILTY IC0312511999 05/70/1999 cUILTy IC State=IL- 0312511999 071281L999 cUILTy OWI State=IL04llln99904t27/t99904t27t199904128n999REVOKED 3 YEAR ICREVOI(ED 27 MONTH OWIREVOKED 30 MONTH O1VIREVOKED 16 MONTH OWI- 05tl6t1999 06t29n999 cUILTy OWI- 0stz6nggg 0st0zt200o cuILTy pAC05t28n99906/24t199906t25/t99906129/199905t02t2000

02t26t200401t20/2005

REVOKED 3 YEAR OWISUSPENDED DOTACTION 6 MONTH BACSUSPENDED DOT ACTION 6 MONTH BACREVOKED 33 MONTH OWIREVOKED 3 YEAR PACSUSPENDED DOT ACTION 6 MONTH BACREVOKED 3 YEAR PAC

l0l3ll2003 OB|TODAL2 cUILTY OAR Statc=IL- out4tzoo4 otnonoos cuILTy pAC0610212012 0712612012 cUILTY OAR State=IL

-,0610212012 07n6n\lz cUILTY OIVI State=IL07t26/2012 REVOKED DOT ACTION l YEAROWI(PAGE 2 - MORE...

Received Time.0ct, 31, 2013about:blank 9:3BPlr1 No,06B0 l013t/2013

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Peters, Duwayne 13CF514