STA.

TE OF WISCONSIN:

CIRCUIT COURT: AMENDED Plaintiff,

WALWORTH COLINTY

STATE OF WISCONSIN, -\/(-

Crime(s): 12th OFFENSE 1) OPERATING A MOTOR VEHICLE WHILE LTNDER THE

DUWAYNE F'.IETI]RS

/
2) OPERATING A MOTOR VEHICLE WITH A PROHIBITED AICOHOL CONTENT(PAC)
Defendant.

D.O.B. 03t03n969

3) OPERATING A MOTORVEHICLE WITH ADETECTABLE AMOLINT OF A RESTRICTED CONIROLLED SUBSTANCE

lcheck if minor

passenger in vehicle

(RCS)

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

Sharon on \Yest School Street, did operate or drive a motor vehicie while under the influence of an intoxicant, a controlled substance
(and/or analog), any other drug or a combination of these substances, conffary to Sections 3a6.63(l)(a) and,346.65(2), Wisconsin
Statutes.

Villaee of

FOR A SECOND COfNT, the above-named defendant,dn tbe County of Walworth, State of Wisconsin, on none in the none of none, 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 of Bloomfield, ol 49, did operate or drive a rnotor vehicie t$lilr\ a.t..table amount of a restricted controlled substance in his or her blood, 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 left blank 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 be convicted 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 I

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

PROBABLE CAUSE SECTION

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

(a) Proof of Operation According to said arresting officer(s) (check that which applies): The arresting officer(s) personally observed the iefendant operate or drive a motor vehicle. E

U n

The defendant admitted to the arresting offrcer(s) that the defendant operated or drove a motor vehicle.
a

A witness or witnesses, citizeninformant(s), told the arresting officer(s) that he/she/they saw the defendant operate or drive
motor 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 the place charged in this complaint; and from said source(s) of information the arresting officer(s) further determined the estimated time of the defendant's operatiag or driving a motor vehicle to be approximately 9:22 p.m.

(tr) Proof of BeingU4dellhe Influence of an Intoxicant

The arresting officer(s) further state(s) that the defendant, upon being contacted by the officer(s), identified himselflherself as the above-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 and glassv 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 on and at the time, place and date alleged. The arresting officer(s) further state(s) that after the defendant's arrest for OWI, the defendant was called upon to submit to a test or tests for intoxicant, with results as follows (check that which applies): 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, X each of which was tested as indicated below"
Complainant has reviewed the test report(s) for said sample(s); Complainant believes said report(s) to be true, as Complainant has utilized 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 given

Date/Time

Intoximeter Operator or Lab Analysl from State Lab of Hvsiene

Test Results

fI

L-l breath
urine

blood

l0l3lll310:23 p.m.

Carolyn Mclimans

pending

(c) Proof

of Prior Offenses

Complainant 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 of which is attached to and incorporated in this complaint, the defendant has been previously convicted 10 TIMES for VIOLATIONS of the tlpe charged herein and is considered a prior offense under 346.65(2)(am)5 and343.307, Wisconsin Statutes, the VIOLATION

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 counted as one offense; refusals and violations are counted as of the VIOLATION date.)
dates

(d) Proof

of Minor Passensers

The arresting officer(s) further state(s) that there was a/were minor passenger(s) in the motor vehicle at the time of the above stated violation who was/were identified as none. Said minors were identified by none.

Complaining

SLIBSCRIBED AND SWORN to before me and approved for

filing

this (

day

of tLtu

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Rcsponte:

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CTY/SHARON ST/WI ZIPI53585 CT/WALWORTH SEX/M Ri.C/WHrrE DOB/030369 HGT/503 WGTI225 HAVBRWN EYEIHAZLDONR/ N

sTR/ls7 W SCHOOL ST

DOT 401398 186 10/31/13 21r25 01 OF 01 Request: 2013 -10-31-21.25.36.0000s5 Type=cFL First=DUWAyNE Middte=F Last=PETERS Sex=M DOB={3/0311969 DtD t P 3 62 -t 66 6-9 0 83-01 NAM/PETERS, DUWAYNE F

wr0650000

LT=NON

ISS- EXp- AT-

CONDENSED F'ORMAT / QUICKVIEW

No Llcense Issued Status=REV

-+>>> ID card confidentlal status=vAL Exptres={3/03/2017 confidential

ADDRESS UPDATED=I 0tOUZ00t

ALCOHOL RELATED CONVTCTION COUNT ON WI RECORD: 01I INs URANCE FILING p ERIO D TERMINATION DATE : 07 n6t20r6

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08/21l1993 10106t7993 ) \
0812111993 05ft2/L994

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(PAGE 1-MORE...
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7u25t1993 0uttt1994 GUILTY OWI SUSPENDED DOT ACTION t MONTH OWI O2II8II994 SUSPENDED DOT ACTION TNDEf,'INTTE NCI

cUILTy IC State=IL cUILTy OWI State=IL

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401398 187 70tSL/13 2t:25 01 OF 0t PETERS, DUWAYNE F Sex=M DOB{}3/03/1969

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01108tL999 SUSPENDED DOT ACTION 6 MONTH BAC *_0L/29 tL999 05t28t1999 cUILTy O\ilI

w3n2t1999 O4nut999 GUILTY IC 0312511999 05/70/1999 cUILTy IC State=IL - 0312511999 071281L999 cUILTy OWI State=IL 04llln999 REVOKED 3 YEAR IC 04t27/t999 REVOI(ED 27 MONTH OWI 04t27t1999 REVOKED 30 MONTH O1VI 04128n999 REVOKED 16 MONTH OWI - 05tl6t1999 06t29n999 cUILTy OWI - 0stz6nggg 0st0zt200o cuILTy pAC 05t28n999 REVOKED 3 YEAR OWI
06/24t1999

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cUILTY OAR State=IL 07n6n\lz cUILTY OIVI State=IL -,0610212012

0610212012 0712612012

REVOKED 33 MONTH OWI REVOKED 3 YEAR PAC OB|TODAL2 cUILTY OAR Statc=IL otnonoos cuILTy pAC SUSPENDED DOT ACTION 6 MONTH BAC REVOKED 3 YEAR PAC REVOKED DOT ACTION

SUSPENDED DOTACTION 6 MONTH BAC SUSPENDED DOT ACTION 6 MONTH BAC

07t26/2012

YEAROWI

(PAGE

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Received Time.0ct, about:blank

31, 2013

9:3BPlr1 No,06B0

l013t/2013