a. Field Sobriety Testing

State v. William M. Hughes, 2011AP647-CR, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Hughes: Michael C. Witt; case activity Traffic stop supported by reasonable suspicion to believe Hughes was operating while intoxicated: The stop occurred at night, after a football game, when there is an increased frequency of drunk driving… Read more

State v. Bridgette M. Glaze, 2010AP3128-CR, District 2, 8/24/11 court of appeals decision (1-judge, not for publication); for Glaze: John C. Orth; case activity Although Glaze’s stop by one officer investigating possible domestic violence was likely unsupported (¶9), the stop was adequately supported by an alternative basis: observations of a second, off-duty officer which, under… Read more

State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity “Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field… Read more

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13      Specifically… Read more

State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11 court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell… Read more

County of Sauk v. Julio Leon, 2010AP1593, District 4, 11/24/10 court of appeals decision (1-judge, not for publication); for Leon: Robert C. Raymond; Leon BiC; State Resp.; Reply Odor of intoxicants insufficient, alone, to support administering PBT. ¶20      When an officer is not aware of bad driving, then other factors suggesting impairment must be more… Read more

State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13      We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to… Read more