Two recent drunk-driving cases in Grant County resulted in considerably different outcomes.
A 32-year-old Boscobel man was found not guilty of sixth-offense drunk driving after a trial in Grant County Circuit Court March 20.
Two days later, a 41-year-old Boscobel man was sentenced to three years probation, including six months in jail and more than $7,000 in fines and court costs, on a fifth-offense drunk driving charge.
Aron Hogan, 32, was charged with sixth-offense drunk driving after a rollover crash outside Muscoda Dec. 8.
According to Grant County Assistant District Attorney Anthony Pozorski, Hogan repeatedly told sheriff’s deputies at the crash scene that he was not the driver of the SUV.
A Muscoda police officer “checked out the accident scene and found no one else at the accident scene,” said Pozorski.
After Hogan was arrested, his blood alcohol concentration was measured at 0.21, 2½ times the legal level of intoxication.
Charges of refusal to take a blood test, hit and run property adjacent to a highway, operating after revocation and tampering with or failing to install an ignition interlock device were dismissed before the trial.
Hogan’s attorney, Roseann Oliveto, “argued to the jury that the officers were incompetent,” said Pozorski. The jury acquitted Hogan after about 15 minutes of deliberation, Pozorski said.
On March 22, Brian Yahn, 41, pleaded guilty to fifth-offense drunk driving. Charges of operating with prohibited alcohol concentration and operating under revocation were dismissed.
Yahn was arrested Aug. 19.
Circuit Judge Robert Van De Hey sentenced Yahn to three years probation, including a stayed two-year prison sentence. Yahn’s driver’s license was revoked for three years, and Yahn was ordered to not possess or consume intoxicants and to submit to random drug tests.
Yahn was also fined $263.50 on a charge of drinking open intoxicants in a motor vehicle, and $200.50 on a charge of passing on a bridge, tunnel or viaduct. Charges of disorderly conduct and felony bail jumping were dismissed March 22.
Yahn faces an additional charge in Richland County of operating after revocation. Yahn was charged Dec. 17. A plea/sentencing hearing is scheduled for April 24.
