01-0595 County of Dane v. Mawhinney

By: dmc-admin//October 15, 2001//

By: dmc-admin//October 15, 2001//

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Jeffrey J. Mawhinney was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as first offenses. He moved to suppress the results of a blood alcohol test. The circuit court granted the motion because it concluded that the police did not have probable cause to arrest.

Because we conclude that the police did have probable cause when the blood test was taken, we reverse the circuit court’s suppression order and remand for further proceedings.

This opinion will not be published.

Dist IV, Dane County, Foust, J., Roggensack, J.

Attorneys:

For Appellant: Lana J. Mades, Madison

For Respondent: Stephen J. Eisenberg, Madison

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