Friday, September 6, 2024
By Robert Cloud
While his third drunken driving misdemeanor case was still pending in Waupaca County, a New London man was convicted of a third OWI in Portage County.
As a result. Waupaca County prosecutors refiled the case against Nicholas S. Burbank, 41, as a felony.
Burbank is now charged with a fourth OWI, a fourth operating with a prohibited alcohol content, operating while revoked and failure to install an ignition interlock device.
The original citation dates back to July 31, 2023, when Waupaca County Sheriff’s Deputy Eric Kamholz made a traffic stop in New London.
According to the criminal complaint, the vehicle had no front license plate and a rear taillight was out.
When Kamholz ran a records check, he learned the driver, identified as Burbank, was revoked. Due to two prior OWI convictions, Burbank was restricted to a blood alcohol content of .02 and required to install an ignition interlock device.
Dispatch also advised Kanholz that Burbank had an active warrant from Outagamie County after he failed to make a court appearance.
Burbank was smoking a freshly lit cigarette, the complaint says.
“Nicholas’ eyes were bloodshot and glassy and his speech was slow and slurred,” Kamholz reported. “While speaking with Nicholas, I detected a light odor of alcohol emitting from his vehicle through the odor of cigarette smoke.”
After a series of field sobriety tests, Kamholz transported Burbank to ThedaCare in New London for a blood draw.
The state crime lab analyzed the sample and reported that Burbank’s BAC was .248, more than 10 times the legal level for Burbank.
According to the University of Toledo, a 160-lb. man with a .248 BAC will have gross disorientation, in addition to impaired judgment and blurred vision.
On June 28, 2024, Portage County Circuit Court convicted Burbank of a third OWI, sentenced him to 90 days in jail on work release, assessed him $2,283 in fines and court costs, revoked his license for 28 months and ordered him to install an IID.
Burbank was convicted of his second OWI offense in Fond du Lac County on Aug. 16, 2012. Because this offense involved an injury, the court sentenced him to five months in jail with four months of probation.
On Sept. 18, 2012, his probation was revoked and he was sentenced to county jail.
Burbank’s probation was revoked again on Oct. 4, 2013, and the Fond du Lac court sentenced him to 18 months in state prison with three years of extended supervision.
Burbank is scheduled for an initial court appearance on the Waupaca County felony OWI charge on July 30.
