Gregg B. Kandutsch was bombed when police arrested him at his wife's home in Wausau in 2006. He wasn't driving, or even in a motor vehicle, and no one saw him driving to get there. So how did prosecutors convict him of his fifth-offense drunken driving?
They relied on circumstantial evidence, the kind commonly used to prove many other crimes but extremely rare in drunken driving cases. Kandutsch appealed, but on Tuesday the Wisconsin Supreme Court upheld his conviction. Kandutsch was done in by the electronic monitoring device he was wearing while on probation for other offenses. It showed he left his mother's house in Rib Mountain about 15 minutes before he was arrested in Wausau. Jurors concluded he must have driven himself there.
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