KENOSHA, Wis. — A Pleasant Prairie man who nearly caused a head-on collision while driving drunk the wrong way on Highway 50 earlier this year will not serve any straight jail time — despite it being his third OWI offense.

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Joseph M. Decker, 40, pleaded guilty Thursday before Kenosha County Circuit Court Judge Jason A. Rossell to operating while intoxicated (3rd offense) and disorderly conduct. In exchange for the plea, the state dismissed a felony charge of second-degree recklessly endangering safety and a separate citation for driving the wrong way on a divided highway.

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The case stemmed from a frightening incident in the early morning hours of March 16. According to the criminal complaint, a Kenosha County Sheriff’s deputy was driving westbound on Highway 50 near County Highway MB around 2:43 a.m. when he saw headlights coming straight toward him in his lane. The deputy swerved onto the shoulder to avoid a head-on crash, turned around, and caught up to the wrong-way driver — later identified as Decker — who had stopped in the lane near the inside shoulder.

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Decker, driving a black Infiniti, told the deputy he was “lost” and thought he was in Union Grove. He said he had been coming from the Starlite Club on 24th Avenue — a location more than 120 blocks away from where he was actually stopped. The complaint describes Decker as confused, slow-spoken, and giving inconsistent answers about where he was and how he ended up there. The deputy noted a light odor of alcohol.

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Decker admitted to having “one beer” but blew a 0.13 on a preliminary breath test. His driving record showed two prior OWI convictions — one from 2019 in Pleasant Prairie Municipal Court and another from 2020 in Kenosha County Circuit Court.

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Despite the seriousness of the offense and the potential for tragedy, Judge Rossell imposed no straight jail time. Instead, he sentenced Decker to 45 days of Huber for work, school, or childcare purposes — meaning Decker will be allowed to leave daily and return after each shift, effectively serving no standard confinement.

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Rossell also imposed a $500 fine plus court costs, ignition interlock for 24 months, an OWI assessment, a two-year driver’s license revocation, and a DNA sample requirement. Decker was taken into custody following the hearing but will immediately begin his Huber term.

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Critics say the outcome is another example of Kenosha County’s soft approach toward repeat OWI offenders. Under state law, a third-offense OWI carries a minimum of 45 days and up to one year in jail, in addition to license revocation and ignition interlock. But judges have broad discretion to convert those sentences to Huber, allowing offenders to continue working or caring for children during their confinement.

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The felony count Rossell dismissed carried a potential maximum of 10 years in prison and a $25,000 fine, meaning Decker avoided what could have been a significant prison term.

Judge Rossell, a Democrat, has faced criticism in recent years from law enforcement sources and local observers who argue that his sentencing patterns in OWI and domestic violence cases are too lenient, particularly when offenders have multiple prior convictions.

This case, some say, underscores a growing concern: that repeat OWI defendants continue to receive light penalties even after conduct that easily could have killed someone.

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