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A 54-year-old Waukesha man who was out on bond for his fifth drunk driving (OWI) charge is now facing his sixth.

James Probst was charged Tuesday in Racine County Circuit Court with one felony count of operating while intoxicated (OWI) (5th or 6th offense), five felony counts of bail jumping, and one misdemeanor count each of hit and run of an occupied vehicle, resisting arrest by failing to stop a vehicle, and resisting arrest. If convicted, he faces up to 42 years in prison or up to $105,300 in fines.

Current OWI charge

According to the criminal complaint, Probst was clocked on Aug. 13 driving east on 7-Mile Road at 65 miles per hour in a 45-mile-per-hour zone. He swerved to avoid hitting a car in front of him but did so anyway and kept going despite police activating lights and sirens to initiate a traffic stop.

When officers caught up to him in the 7500 block of Nicholson, it took several officers and a K9 to remove him from the car, the complaint reads. Probst refused field sobriety tests and was taken to the hospital for an evidentiary blood draw to which he consented. The results were not available for Probst’s initial appearance.

Probt was given a $5,000 cash bond and ordered on house arrest and to not drive at all. He will next be in court on Aug. 24 for his preliminary hearing.

Previous OWI charge

On April 18, 2022, Probst was charged in Waukesha County Circuit Court with operating while intoxicated (5th or 6th offense) and released on a $6,000 cash bond on April 20. He entered a not guilty plea at his June 24 preliminary hearing and is scheduled to next be in court on Sept. 30 for that case.


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