 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jorgensen6/27/2002
. Patty Jorgensen appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while intoxicated, fourth offense. She also appeals an order denying her motion for post-conviction relief.
FACTS
. At about 3 a.m. on May 21, 1999, Keith Anderson heard a knock on his door while he was in the shower. Anderson lives on a rural two-lane highway with only one nearby house. Anderson went to the door, but did not see anything. About five minutes later, he observed a car with its engine running in front of his house. The car was not on the side of the road in a manner suggesting the driver had pulled to the side of the road, but instead was nose-down in a ditch. While he was watching it, Anderson heard the car's engine shut off and saw its lights turn off. Anderson put on his shoes and went outside to investigate. He discovered Patty Jorgensen asleep in the car's driver's seat. Anderson woke Jorgensen, who explained that she was alone and out of gas. Jorgensen not only told Anderson she was alone, she asked for gasoline so she could get back to Janesville, without suggesting that anyone else had been with her. Anderson did not have any gasoline, but offered to call someone to help her out. Jorgensen asked Anderson to call a man named Gary and gave Anderson the phone number. Anderson telephoned Gary, but Gary declined to provide assistance. Subsequently, Anderson called 911.
. Two police officers responded to the call for assistance. One officer observed Jorgensen asleep in the car's driver's seat with an open can of beer spilled on the floor of the car. Another officer saw the keys to the car on the passenger seat. Jorgensen's shoes were on the floor in front of the passenger's seat.
. Jorgensen initially told one of the officers that a friend had been driving the vehicle, but would not divulge the friend's name. That officer threatened to arrest Jorgensen if she did not tell him her friend's name. He placed her in his squad car "to think about the consequences that she was facing." Jorgensen eventually told the officer that Gary had been driving the car. The officer did not observe anyone else in the area who might have been walking for help. Jorgensen failed field sobriety tests and was arrested for operating a motor vehicle while intoxicated.
. On July 14, 1999, Jorgensen brought Michael Simmons to speak to her attorney. Simmons admitted to Jorgensen's attorney that he was driving Jorgensen's car on the night of the incident. Simmons said he went for gas and, when he returned to the scene of the accident, nobody was there. At trial, Jorgensen explained that the reason she did not reveal the name of the driver earlier was because she hardly knew Simmons. Simmons told the district attorney he was the driver, but recanted when a detective investigating the case questioned him.
. When Simmons testified at trial, he said he first met Jorgensen after her drunk driving arrest in late June or early July of 1999. Simmons testified that Jorgensen lived with him for two to three weeks in July 1999. He testified that he agreed to pretend to be the person who was driving Jorgensen's car during the incident in question, but changed his mind after worrying about getting in trouble.
. Jorgensen disputed Simmons's testimony. Jorgensen testified that she had met Simmons months before her arrest and that Simmons was driving the car when it went into the ditch. Jorgensen said that Simmons went off to find help after she knocked on Anderson's door. Jorgensen testified that she mistakenly told the officer that Gary had been driving because she had been talking about Gary earlier and became confused. Jorgensen testified
Page 1 2 3 4 5 6 Wisconsin DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|