Outagamie County Case Number 2019CT000155 State of Wisconsin vs. Joshua D Smarzinski

The defendant was charged with both OWI (3rd) and Operating w/ PAC (3rd). The defendant was found guilty of OWI (3rd) and the other charge, Operating w/ PAC (3rd) was dismissed by the court.

Joshua D Smarzinski was found guilty of OWI (3rd), an unclassified misdemeanor, Wisconsin Statutes 346.63(1)(a).

Outagamie County Case Number 2019CT000155 State of Wisconsin vs. Joshua D Smarzinski
Case summary

Filing date
03-19-2019

Case type
Criminal Traffic

Case status
Closed – Electronic filing

Defendant date of birth
10-01-1976

Address
W3840 Mackville Road, Appeton, WI 54913

Branch ID
4

DA case number
2019OU000566

Charges
Printable version

Responsible official
Gill, Gregory B., Jr.

Prosecuting agency
District Attorney

Prosecuting agency attorney
Stertz, Charles Martin

Defendant owes the court: $2,035.39

Count no. Statute Description Severity Disposition
1 346.63(1)(a) OWI (3rd) Misd. U Guilty Due to No Contest Plea
2 346.63(1)(b) Operating w/ PAC (3rd) Misd. U Dismissed on Prosecutor’s Motion

The Defendant was charged with the following offense:

Count
1

Statute cite
346.63(1)(a)

Description
OWI (3rd)

Severity
Misd. U

Offense date
01-04-2019

Plea
No Contest on 10-14-2019

On 10-14-2019 there was a finding of:

Action
Guilty Due to No Contest Plea

Court official
Gill, Gregory B., Jr.

Notes

On 10-14-2019 the following was ordered:

Sentence
DOT License Revoked

Time
27 Months

Begin date

Notes

Sentence
Local Jail

Time
80 Days

Begin date

Notes
Court stays 65 days (5 days in lock-up) pending the completion of the SSTOP program. Defendant is to serve 15 days with huber. Good time granted. To begin serving today.

Sentence
Forfeiture / Fine

Time

Begin date

Notes
Defendant is to pay in full or be on a payment plan within 60 days or a civil judgment may be entered.

Sentence
Other Sentence

Time

Begin date

Notes
The Defendant is to provide a biological specimen for DNA analysis, unless already provided.

Sentence
Ignition interlock

Time
18 Months

Begin date
10-14-2019

Notes
Upon eligibility for an occupational license, the Defendant is to have an ignition interlock device installed.

Sentence
Alcohol assessment

Time

Begin date

Notes

Sentence
Costs

Time

Begin date

Notes
Defendant is to pay in full or be on a payment plan within 60 days or a civil judgment may be entered.

Count
2

Statute cite
346.63(1)(b)

Description
Operating w/ PAC (3rd)

Severity
Misd. U

Offense date
01-04-2019

Plea

On 10-14-2019 there was a finding of:

Action
Dismissed on Prosecutor’s Motion

Court official
Gill, Gregory B., Jr.

Notes

Defendant

Defendant name
Smarzinski, Joshua D

Date of birth
10-01-1976

Sex
Male

Race
Caucasian

Address (last updated 03-19-2019)
W3840 Mackville Road, Appeton, WI 54913

JUSTIS ID

Fingerprint ID

Attorneys
Attorney name Entered Withdrawn
Pitsch, Eric Paul 03-27-2019 01-24-2020

Also known as
Name Type Date of birth
Smarzinski, Joshua David Also known as

Court activities

Date Time Location Description Type Court official
02-04-2020 10:00 am Branch 4, Government Center Courtroom 4 (920) 832-5602 Review hearing Court Gill, Gregory B., Jr.
Citations
Citation BD3794416

Defendant name
Smarzinski, Joshua D

Date of birth
10-01-1976

Sex
Male

Address (last updated 03-19-2019)
W3840 Mackville Road, Appeton, WI 54913

Bond amount

Deposit type
None

Appearance date and time
04-01-2019 01:00 pm

Mandatory
Yes

Plate number
KW8787

State
WI

Expiration
2019

VIN
1C6RR7FT1FS574537

Issuing agency
Outagamie County Sheriff’s Dep

Officer name

Violation date
01-04-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(a)

Charge description
OWI (3rd)

Severity
Misd. U

Citation BD3792305

Defendant name
Smarzinski, Joshua D

Date of birth
10-01-1976

Sex
Male

Address (last updated 03-19-2019)
W3840 Mackville Road, Appeton, WI 54913

Bond amount

Deposit type
None

Appearance date and time
04-01-2019 01:00 pm

Mandatory
Yes

Plate number
KW8787

State
WI

Expiration
2019

VIN
1C6RR7FT1FS574537

Issuing agency
Outagamie County Sheriff’s Dep

Officer name

Violation date
01-04-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(b)

Charge description
Operating w/ PAC (3rd)

Severity
Misd. U

Court record
Date Event Court official Court reporter Amount
01-24-2020 Order Gill, Gregory B., Jr.

Additional text:
to Withdraw as Counsel

01-22-2020 Proposed Order Gill, Gregory B., Jr.

Additional text:
to Withdraw as Counsel

01-22-2020 Motion

Additional text:
to Withdraw as Counsel – Atty Pitsch

01-22-2020 Notice of hearing Gill, Gregory B., Jr. Biese, Joan K

Additional text:
Review hearing on February 4, 2020 at 10:00 am.

01-09-2020 Report

Additional text:
SSTOP Violation Report – CJTS

10-17-2019 Order half-priced ignition interlock device (IID)

Additional text:
– Granted

10-15-2019 Response/reply

Additional text:
DNA Proof Submission form faxed from the Jail

10-15-2019 Judgment of conviction Gill, Gregory B., Jr.
10-14-2019 Dispositional order/judgment Gill, Gregory B., Jr.
10-14-2019 Order for intox driver assessment and safety plan Gill, Gregory B., Jr.
10-14-2019 Order Collection Biological Specimen DNA Analysis Gill, Gregory B., Jr.
10-14-2019 Plea questionnaire, waiver of rights
10-14-2019 Other papers

Additional text:
Interim Notice of Conviction

10-14-2019 Plea/sentencing hearing Gill, Gregory B., Jr. Biese, Joan K
10-14-2019 Letters/correspondence

Additional text:
Character Letters

10-14-2019 Pet half-price ignition interlock device (IID)
09-03-2019 Pre-trial conference Gill, Gregory B., Jr.

Additional text:
NOT ON RECORD – JA TOOK UP

09-03-2019 Notice of hearing Gill, Gregory B., Jr. Biese, Joan K

Additional text:
Plea/sentencing hearing on October 14, 2019 at 10:45 am.

07-30-2019 Demand for Discovery – Prosecutor

Additional text:
and Motion for Pretrial Orders – Stertz

07-25-2019 Further proceedings Figy, Brian Enli, Janice

Additional text:
Not Guilty Plea entered – status conference date set.

07-25-2019 Notice of hearing Gill, Gregory B., Jr. Biese, Joan K

Additional text:
Pre-trial conference on September 3, 2019 at 01:30 pm.

06-03-2019 Notice of hearing

Additional text:
Further proceedings on July 25, 2019 at 10:00 am.

04-18-2019 Notice of hearing

Additional text:
Further proceedings on June 6, 2019 at 10:30 am.

04-16-2019 Notice of hearing

Additional text:
Further proceedings on May 23, 2019 at 10:00 am.

04-15-2019 Initial appearance Figy, Brian Enli, Janice

Additional text:
No appearance by the Defendant. Continued for further proceedings.

04-03-2019 Motion and demand for discovery

Additional text:
Pitsch

03-29-2019 Notice of hearing

Additional text:
Initial appearance on April 15, 2019 at 01:00 pm.

03-28-2019 Authorization

Additional text:
to Appear and Act – Atty Pitsch

03-28-2019 Letters/correspondence

Additional text:
to Clerk Regarding Text Notices – Atty Pitsch

03-28-2019 Motion

Additional text:
to Extend Time to File Pretrial Motions – Atty Pitsch

03-28-2019 Demand for Discovery and Inspection – Defendant

Additional text:
Atty Pitsch

03-28-2019 Affidavit of mailing

Additional text:
Atty Pitsch

03-28-2019 Memorandum

Additional text:
re: SSTOP Eligibility

03-27-2019 eFiled Document Fee Paid $20.00

Additional text:
Adjustment Number: 19A 264949, Payable Number: 356952, Receipt Number: 19R 174949, Amount: $20.00

03-27-2019 Notice of retainer

Additional text:
Atty Pitsch

03-19-2019 Request

Additional text:
Reimbursement Request for Blood Draw Costs – $39.39

03-19-2019 Electronic Filing Notice
03-19-2019 Case initiated by electronic filing
03-19-2019 Complaint filed

Additional text:
PAC .150

Total receivables

Court assessments Adjustments Paid to the court Probation/other agency amount Balance due to court Due date
$2,035.39 $0.00 $0.00 $0.00 $2,035.39 12-13-2019
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