"I'm not sure if the thought behind that (omission) was we'd never see one of these," Green said.
While operating an aircraft while intoxicated State Statute 114.09 is listed as a countable OWI offense, Sgt. Ryan Waldschmidt of the Fond du Lac County Sheriff's Office alerted District Attorney Daniel Kaminsky in a Dec. 6, 2011, email that the Department of Transportation's manual for interpreting driver records used by dispatchers across the state lacked an entry code for the non traffic offense.
Flying under the radar
Because operating an aircraft while intoxicated Nike Air Max Black And White Women is not listed as a traffic offense, the violation was not entered into the statewide record system as a prior OWI conviction.
Fond du Lac County District Attorney Daniel Kaminsky defends his actions, saying with the amended charge he avoided losing the case at trial over what he perceived as "serious problems" with "inconsistent" test results.
heard of it before either, so it was a real unique situation for us," Green said.
Fond du Lac County Sheriff's Office Chief Deputy Mark Strand said the discrepancy in how the violation was counted on the driving record could potentially allow the offense to fly under the radar of law enforcement and court officials.
legislation against drunken driving passed in recent years, Green said lawmakers wanted to ensure that any alcohol related offense involving a motor vehicle including an aircraft would be listed as a prior offense on a driver's record.
"Although the violation appears on CCAP, dispatchers are not directed to use it to count prior offenses," Waldschmidt wrote. "The statute says it will be counted (as a prior OWI offense) but in reality it won't because it doesn't appear on (Schreiber's) driving record, which is the official record that dispatchers and law enforcement uses."
Fond du Lac County Sheriff's Office Chief Deputy Mark Strand said a shift supervisor at the Sheriff's Office brought the plea deal to his attention in December.
On June 14, 2011, Halbach was alerted by the Winnebago County dispatch center that a female motorist was following a black sedan into Fond du Lac County. The woman reported seeing the driver turning the car's blinkers on and off, swerving across both southbound lanes of traffic on Highway 41 and, at one time, entering the ditch far enough to "kick up dirt," according to the police report. on Highway 41 just south of Fond du Lac. Smelling alcohol on Schreiber's breath, the deputy asked Schreiber to perform three field sobriety tests on the side of the highway. A dash camera video shows Schreiber struggling to maintain his balance and failing to follow directions. A Breathalyzer test at the scene indicated a .168 percent blood alcohol concentration over twice the legal limit of intoxication.
"It's a real obscure statute reference for what we deal with every day," Green said. "But now we know how to take care of the obscure."
Due to an oversight in the DMV record keeping system, Schreiber's conviction listed as a non traffic violation flew under the radar and wasn't listed on his official driving record until officials were contacted by the Sheriff's Office and The Reporter.
Department of Motor Vehicles Supervisor Glenn Green said in his 34 year career with the Wisconsin DMV he has never seen an arrest or citation for drunken driving with a motor vehicle amended to operating an aircraft while intoxicated.
The ReporterMADISON An obscure statute used by the Fond du Lac County District Attorney to convict a drunken driving case caused state traffic officials to close a legal loophole.
Although Kaminsky says he consulted state statutes that clearly list operating an aircraft while intoxicated as a countable prior offense, he says he had "no reason to know that (the DMV's) system at the time was not equipped to track the offense."
"My staff had never Nike Air Max For Women Black And White
DA at odds over resolution of drunken driving case
The DMV manual was updated following the passage of Act 100 Wisconsin legislation that toughened drunken driving laws in 2010, Green said. However, a code for operating an aircraft while intoxicated was not included.
"At the time we were notified by the Sheriff's Office and the media, we didn't have any (process) in place. If someone had run (Schreiber's) driving record through the DMV a week or two ago they wouldn't have seen it listed as a prior offense," Green said. "But now we have a manual process in place so if we get another citation like this we can deal with it and put it promptly on the record."
arrest believes a jury would have found "clear, satisfying and convincing evidence" to convict Schreiber on OWI charges if a jury had been allowed to hear the case.
"They felt this wasn't a good resolution to the situation and I would have to agree with them," Strand said. "The District Attorney's Office has the right to resolve the case as they see fit, but we have a difference of opinion."
Larry Schreiber wasn't flying down Highway 41 when he was pulled over in his Mercedes Benz for drunken driving last summer.
That resolution of the case has left state Division of Motor Vehicle officials scratching their heads and Nike Air Max Flyknit Womens
Green was alerted to the oversight in the record keeping system after a shift supervisor from the Fond du Lac County Sheriff's Office and The Reporter contacted his office earlier this year to ask why the offense failed to appear as a prior OWI conviction on insurance company executive Lawrence Schreiber's driving record, following his plea and sentencing hearing on Oct. 27, 2011, in Fond du Lac County Circuit Court.
local law enforcement officers at odds with the district attorney's office over the amended charge.
"It was a good arrest," said Strand, referring to the actions of Deputy Eric Halbach.
But in an unusual legal twist, it turns out that Schreiber, the president of Anthem Blue Cross and Blue Shield in Wisconsin, ended up being convicted of operating an aircraft while intoxicated for the OWI traffic stop that occurred in Fond du Lac County in June 2011.
"I resolved the problem by ensuring that the defendant was convicted of a countable prior (OWI) offense," Kaminsky said.
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