Trial in OWI 5 case removed as resolution nears

EAU CLAIRE — A man discovered in the back seat of a parked but running pickup, drinking a can of beer, will likely avoid a trial scheduled for later this month.

Jeremy Moser, 46, Eau Claire, faces charges of OWI 5, possession of THC, possession of drug paraphernalia, bail jumping and operating a motor vehicle with a prohibited PAC. His trial is scheduled to begin Tuesday.

According to the criminal complaint, a police officer investigated a parked pickup at the side of the road near East Madison and Spring streets. When he approached the vehicle, he spotted Moser smoking a cigarette in the back seat with the open beer.

Moser was initially argumentative, saying he wouldn’t shut off the truck or exit it. He eventually calmed down and complied with the officer’s instructions.

Moser admitted he had been drinking earlier in the night, and told the officer he had pulled over when he realized he was too intoxicated to drive. When the officer asked about a glass pipe that was in the truck, Moser said it was for marijuana. He had about 2.7 grams in a plastic bag.

Moser was in court Thursday for a status conference. Court records show Moser’s attorney told the court he would be waiving the right for a jury trial because a resolution of the case was near. After confirming that Moser understood what the waiver meant, Judge Jon Theisen allowed it and removed the case from the schedule.