By: WISCONSIN LAW JOURNAL STAFF//April 27, 2011//
Motor Vehicles
OWI; reasonable suspicion
Allen L. Resch appeals from his third offense conviction of operating a motor vehicle while intoxicated in violation of Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(am)3. Specifically, Resch appeals the trial court’s order denying his motion to suppress the initial stop and the imposition of field sobriety tests. The issues on appeal are (1) whether the trial court erred when it found the deputy had reasonable suspicion to justify his investigatory stop of Resch and (2) whether the trial court erred when it found the deputy had reasonable suspicion to justify imposing field sobriety tests upon Resch. We affirm, because the arresting deputy’s suspicions were grounded in specific, articulable facts, which taken together with rational inferences from those facts, led to a reasonable belief that Resch was engaged in suspicious activity to justify the stop and, subsequently, that he was operating a vehicle while intoxicated to justify the field sobriety tests. Affirmed. This opinion will not published.
2010AP2321-CR State v. Resch
Dist. II, Waukesha County, Domina, J., Anderson, J.
Attorneys: For Plaintiff: Gregory M. Weber, Madison; For Defendant: Christopher Lee Wiesmueller, Corrie N. Wiesmueller, Waukesha