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01-1334 City of Oconomowoc v. Verburgt

By: dmc-admin//October 29, 2001//

01-1334 City of Oconomowoc v. Verburgt

By: dmc-admin//October 29, 2001//

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In this appeal, Christopher E. Verburgt raises several challenges to his conviction for drunk driving. First, he asserts that the videotape of the traffic stop does not demonstrate an observable basis for the suspicion that he was under the influence of alcohol and that the arresting officer’s conclusion that there was probable cause is faulty. Second, he asserts that there was no probable cause to request a preliminary breath test (PBT). Third, he challenges the constitutionality of Wis. Stat. sec. 343.303. Because we hold that there was sufficient probable cause to support an arrest without the PBT results, we do not reach the other issues raised by Verburgt.

Affirmed.

This opinion will not be published.

Dist II, Waukesha County, Bohren, J., Anderson, J.

Attorneys:

For Appellant: Michael C. Witt, Jefferson

For Respondent: Mark X. Herro, Oconomowoc

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