Court won't hear drunken driving case
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MADISON — The Wisconsin Supreme Court on Tuesday refused to hear a Midlothian, Ill., man's appeal of his drunken driving conviction.
Michael F. Hyzy was convicted of driving drunk in a golf cart in the Fontana gated community of Abbey Springs in May 2010. The cart crashed into a tree, injuring Hyzy and a passenger.
Hyzy, whose blood test revealed a 0.206 blood-alcohol concentration, was sentenced to 360 days in jail and assessed a $1,950 fine plus costs. The legal alcohol concentration limit to operate a vehicle is 0.08.
Hyzy appealed his conviction to the District 2 Court of Appeals, claiming drunken driving laws apply to premises "held out to the public for use of their motor vehicles." He claimed Abbey Springs' streets were private, not public.
The appeals court disagreed the state Supreme Court declined to hear the case.
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