State Wisconsin v. Gary Caibaiosai

The issues in this case are: (1) whether sec. 940.09(1) (a), Stats., proscribing the crime of homicide by an intoxicated operation of a motor vehicle is unconstitutional in that it does not require a causal connection between the intoxicated condition of the operator and the death of another person; (2) whether the affirmative defense provision set out in sec. 940.09(2) invades his right against self-incrimination guaranteed by the Fifth Amendment to the United States Constitution; and (3) whether the trial courts refusal to instruct the jury on the affirmative defense set out in sec. 940.09(2) denied the defendant due process and a fair trial.