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MOUNT PLEASANT, WI – A 32-year-old man faces misdemeanor charges after he was discovered passed out in his vehicle in the opposite lane of traffic.
Kyle Nicolazzi, of Mount Pleasant, was charged by the Racine County District Attorney’s Office Monday with possessing a controlled substance and operating a vehicle while intoxicated (2nd offense). He has three previous convictions on his record.
If convicted of both charges, he could face a fine up to $1,600, a prison sentence up to seven months or the revocation of his license for a year to 18 months, or all three.
According to the criminal complaint:
Nicolazzi, who was passed out in the wrong lane of traffic on Chicory Road and state highway 32, was blockaded by police around 1:51 a.m. Saturday morning. Officers struck his window and rocked his vehicle to wake him up. Once officers woke him up, it took multiple verbal commands to get Nicolazzi, who was dazed and confused, to put his vehicle in park.
During the arrest, he denied needing medical attention and gave officers permission to park his vehicle out of traffic. Officers could smell the odor of intoxicants on him as they walked him over to a parking lot near where he was stopped. An officer advised Nicolazzi that he would submit him to a standardized field sobriety test, given the state he was found in and the smell of intoxicants on him. He first refused but then agreed to the test.
He agreed to some tests the officer applied, though denied others, including the one leg stand and a blood test. The officer administering the field sobriety tests concluded he was impaired and placed him under arrest. Officers found a pill bottle in Nicolazzi’s vehicle containing 15 mg tablets of amphetamine, prescribed to a person other than himself. The drug is a schedule 2 controlled substance, considered to have a high potential for abuse.
Officers obtained a warrant to do a legal blood draw on Nicolazzi since he previously refused the test.
Blood was drawn at 3:46 am at Ascension-All Saints Hospital, where it was handed over to police as evidence.