e. OWI

State v. Derek V. Schroth, 2021AP733, District 2, 8/25/21 (one-judge decision; ineligible for publication); case activity (including briefs) Schroth challenges the probable cause to arrest him for OWI and the finding that he refused a blood draw. There were ample facts for probable cause. (¶¶3-8, 13-15). And though the arresting officer couldn’t recall whether Schroth… Read more

Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs) Dugan was stopped in a snowstorm. The officer had him do field sobriety tests at the scene of the stop, in a rut in the snow crated by the squad’s tires. (¶¶3-4). Having Dugan… Read more

State v. Timothy M. Argall, 2020AP907-CR, District 2, 11/18/20 (one-judge decision; ineligible for publication); case activity (including briefs) Argall was arrested for OWI based on a plethora of evidence—viz., driving after dark without headlights, slurred speech, odor of alcohol, inability to follow questions or give direct answers, admission of drinking 4 to 6 beers, 0.201… Read more

State v. Steven L. Sternitzky, 2019AP2185-CR, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity (including briefs) Sternitzky argues he was arrested for OWI without probable cause and that his trial on the charge was marred by the judge’s instruction to the jury regarding the presumption of intoxication and automatic admissibility of chemical test… Read more

State v. Brandon Daniel Mulvenna, 201AP2341-CR, 7/9/20, District 4 , (1-judge opinion, ineligible for publication); case activity (including briefs) Mulvenna wasn’t operating his motorcycle when an officer, responding to a call, arrived to find him trying to lift it while it was facing south on a northbound only roadway. Mulvenna had bloodshot eyes and slurred… Read more

State v. Michael R. McGinnis, 2018AP1388-CR, District 3, 10/8/19 (not recommended for publication); case activity (including briefs) An officer investigating a hit-and-run at the Happy Hollow Tavern unlawfully pushed his way into McGinnis’s home and then arrested him. The state concedes the officer’s entry was unlawful, so the evidence and statements police obtained while in… Read more

State v. Scott J. Faruzzi, 2019AP167-CR, 9/25/19, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Don’t pinch yourself! You’re not dreaming.  An officer stopped Faruzzi’s truck for a “welfare check” due to some “possible family troubles.” But then he performed a series of FST’s and asked Faruzzi to submit to a preliminary… Read more