June 15, 2015 at 4:53 p.m.
Chippewa Falls man draws prison sentence for 10th OWI from 2014
Chippewa Falls man draws prison sentence for 10th OWI from 2014
On June 5, Edward R. Luedke, 44, through his attorney Brian Bennett, entered a motion to have a previous OWI conviction vacated by Branch I Judge Patrick O'Melia. While Assistant District Attorney Steve Michlig did not object to O'Melia ruling based on the strength of affidavits entered on Luedke's behalf, he did argue that they did not provide sufficient evidence to support Luedke's motion. O'Melia agreed and denied the motion.
After a brief recess so Bennett could confer with Luedke, the proceedings resumed and Luedke entered a guilty plea to the charge, a class F felony. O'Melia dismissed the companion class F felony of operating with a prohibited alcohol content 10+ and four traffic tickets also associated with the case.
Bennett told the judge that Luedke was awaiting revocation of his probation from an OWI #8 conviction in Chippewa County in 2009, and asked that any sentence he receives in Oneida County run concurrently to what is handed down at his sentencing after revocation hearing.
O'Melia sentenced Luedke to 10 years in prison, with the first four to be spent incarcerated and the remaining six years on extended supervision with credit for 285 days served in the Oneida County Jail. He ruled that Luedke is eligible for the Department of Corrections Substance Abuse Program but not boot camp. He ordered Luedke to pay $1,035 in fines and costs and revoked his driver's license for three years. The sentence is to run concurrent to anything handed down in Chippewa County.
Luedke was observed by an Oneida County Sheriff's deputy driving erratically southbound on State Highway 17 north of Hat Rapids Road at about 7:42 p.m. on Aug. 22, 2014, according to the criminal complaint. As the deputy followed the Chevrolet Trailblazer Luedke was driving, he ran the plates on it, which came back registered to a Chevrolet Monte Carlo.
After the deputy pulled Luedke over, he presented his Wisconsin driver's license. He told the deputy that he had just purchased the vehicle, and put the plates from his car on it to drive it home. A computer check revealed those plates were suspended due to unpaid parking tickets, Luedke's license was suspended and he was on probation for his last OWI. His nine previous OWIs date back to 1989.
The deputy smelled to odor of burnt marijuana inside the vehicle and observed two open beer cans between the driver's seat and where John L. Walker, also of Chippewa Falls, was sitting.
According to the criminal complaint, Luedke failed field sobriety tests and the vehicle was searched. Walker told the deputy where a pipe was located under his seat.
Both men were transported to St. Mary's Hospital, Luedke for a blood draw and Walker to be medically cleared before being transported to the Oneida County Jail.
In addition to the OWI 10th offense, Luedke was given traffic citations for operating after suspension, non-registration of a motor vehicle, operating without insurance and possession of an open intoxicant, driver.
Luedke faced up to 12 years, six months in prison as a maximum sentence. Four years in prison is the mandatory minimum he could receive under state statutes.
Jamie Taylor may be reached at [email protected].
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