Village of Muscoda v. Samuel R. Anderson, 2012AP2216, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had probable cause to administer a PBT where: the officer noticed an odor of intoxicants emanating from Anderson or his vehicle; Anderson had bloodshot eyes and slightly slurred speech and admitted he had… Read more
e. OWI
State v. Amanda Kratochwill, 2012AP2076-CR, District 4, 2/14/13; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Kratochwill for OWI where: Car was stopped for speeding (¶2); Upon approaching the car the officer noted a strong smell of intoxicants and an open beer in the front passenger cup… Read more
State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: Probable cause to arrest for OWI was based on the following factors: ¶24 First, the driving that Officer Hoffman and Officer Penly witnessed is relevant. The driving was not merely erratic and unlawful; it was the sort of wildly dangerous driving… Read more
Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision For Smith: Kirk B. Obear Issue/Holding: ¶36 We conclude that under the circumstances of the present case, the Deputy’s knowledge at the time of the arrest would lead a reasonable law enforcement officer to believe that the defendant was operating a motor vehicle while under… Read more
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: Probable cause to arrest for OWI upheld on following facts as found by trial court: ¶20. … Metzen’s decision not to perform field sobriety testing was reasonable in light of Pfaff’s injuries. Metzen is an experienced officer and has processed many defendants… Read more
State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue/Holding: ¶9. When Kennedy initially made contact with Begicevic, he appeared confused on how to get to Milwaukee. She immediately noticed a strong odor of intoxicants and that his eyes were bloodshot and glassy. … Because Kennedy was giving Begicevic the benefit… Read more
State v. Cara A. Erickson, 2003 WI App 43 Issue/Holding: The following facts established probable cause to arrest, hence to take a warrantless blood draw, for OWI: ¶15. In this case, the officer knew the following information when he ordered the blood draw. At about 5:40 a.m. on August 27, 2000, less than two hours… Read more
State v. James L. Larson, 2003 WI App 150 For Larson: Rex Anderegg Issue/Holding: ¶16. To determine if probable cause exists, the court must consider whether “the totality of the circumstances within the arresting officer’s knowledge at the time of the arrest would lead a reasonable police officer to believe … that the defendant was… Read more
