State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests… Read more
c. Preliminary breath test
State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs) Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303. ¶14 Deputy Schiro knew that there had been an accident, that Reynolds smelled like alcohol, that he had… Read more
City of Sheboygan v. Nathan J. Becker, 2014AP1991, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity (including briefs) After police stopped Becker because of erratic driving at 11:30 p.m. on July 4 they observed additional evidence of impairment—glassy eyes, slurred speech, odor of alcohol. Becker admitted he’d been drinking and turned in a mixed performance on the FSTs. Under the… Read more
State v. Jeanmarie Carini, 2014AP526-CR, District 2, 8/27/14 (1-judge; ineligible for publication); case activity There was reasonable cause to believe Carini was driving while impaired and therefore police properly asked her to submit to a preliminary breath test. ¶9 The indicators of intoxication in Carini’s case were sufficient to establish probable cause to request a PBT. Carini inexplicably… Read more
State v. Derek S. Strasen, 2013AP1523-CR, District 2, 1/22/14; court of appeals decision (1-judge; ineligible for publication); case activity There was no probable cause to administer an initial PBT to Strasen, who was stopped for speeding, even though he emitted a faint smell of intoxicants, had bloodshot and “glossy” eyes, and said he had been… Read more
State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT): ¶13 Contrary to Brinkmeier’s argument, the evidence supporting probable cause in this appeal does not differ… Read more
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
State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity Police were called to a campsite where the defendant admitted to drinking with underage individuals. An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner. A PBT… Read more