State of Wisconsin Criminal Division Milwaukee County s1

CIRCUIT COURT STATE OF WISCONSIN CRIMINAL DIVISION MILWAUKEE COUNTY

STATE OF WISCONSIN, Plaintiff CRIMINAL COMPLAINT

VS. Violation of Absolute Sobriety, With Passenger Under 16 Years of Age Def Name Def Address CASE NUMBER Def City State Zip Def DOB, (DOB) Defendant. COMPLAINING WITNESS: Complaining Witness

The above-named complainant, being first duly sworn, states that the above-named defendant, in Milwaukee County, Wisconsin,

OPERATING A MOTOR VEHICLE IN VIOLATION OF ABSOLUTE SOBRIETY – PASSENGER UNDER 16 on Date, at the location of Location, City, being a person who has not yet attained the legal drinking age, did drive or operate a motor vehicle while having an alcohol concentration of more than 0.0 but not more than 0.08, at a time when there was a minor passenger under 16 years of age in the motor vehicle, contrary to Wisconsin Statute sections 346.63(2m) and 346.65(2q).

PENALTY Upon conviction of this offense, an unclassified misdemeanor, the defendant shall be fined $400.

PROBABLE CAUSE The complainant, a law enforcement officer employed by the Jurisdiction, bases this complaint upon reports prepared by Officer Name, which are of the kind that complainant has used in the past and found to be accurate and reliable, and which complainant knows are prepared in the regular course of that department’s business.

Those reports reveal that on the above-stated date and at the above stated location, Officer Name observed Facts Information.

As to defendant’s operation of a motor vehicle: According to the police reports, A. The defendant told Officer Name that he was operating a Type motor vehicle on the above date at the above-described location.

B. Officer Name took a statement from Name, an adult citizen, who stated that he personally observed defendant operating a Type motor vehicle on the above date at the above-described location.

C. Officer Name observed the defendant operating a Type motor vehicle on the above date at the above- described location.

As to the chemical test: According to the police reports,

A. The defendant subsequently submitted to an Intoximeter breath test, which was conducted according to procedure by Name, a certified Intoximeter operator, within three hours of defendant’s operation of the motor vehicle. The result showed that the defendant’s breath contained Number grams of alcohol in 210 liters of breath. Certifications concerning the instrument pursuant to section 343.305(6)(b)3 will be available by calling (414) 278-4374.

B. The defendant was conveyed to Hospital where, within three hours of defendant’s operation of the motor vehicle, Name drew a sample of the defendant’s blood for chemical analysis. An analysis of that sample conducted by Chemist shows that the defendant’s blood contained Percentage% weight of alcohol.

As to the presence of the minor passenger: According to the police reports, A. Officer Name further reports that he observed that Juvenile Name & DOB, a person under 16 years of age, in the motor vehicle at the time the defendant was operating the motor vehicle.

B. The defendant told Officer Name that Juvenile Name & DOB, a person under 16 years of age, was a passenger in the motor vehicle at the time the defendant was operating the motor vehicle.

C. Officer Name spoke with Name, an adult citizen, who stated that he personally observed that Juvenile Name & DOB, a person under 16 years of age, was a passenger in the motor vehicle at the time the defendant was operating the motor vehicle.

D. Juvenile Name & DOB, a person under 16 years of age, told Officer Name that he was a passenger in the motor vehicle at the time the defendant was operating the motor vehicle.

Officer Name determined that the defendant has not yet attained the legal drinking age by confirming the defendant’s age Insert how PO knows the defendant is under 21.

Further, complainant states that Location, City, is in Milwaukee County, Wisconsin.

END OF COMPLAINT

Subscribed and sworn to before me and approved for filing this ______day of ______, 20 .

______ASSISTANT/DEPUTY DISTRICT ATTORNEY COMPLAINING WITNESS Name Printed: ______State Bar Number: ______

07.01- Absolute Sobriety-16YO.doc