By: WISCONSIN LAW JOURNAL STAFF//May 1, 2013//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — reasonable suspicion
Nathan M. Kohlwey appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol content (PAC) in violation of Wis. Stat. § 346.63(1). He argues that he was unconstitutionally detained when sheriff’s deputies questioned him after stopping the car in which he was a passenger. We hold that the deputies had reasonable suspicion to question Kohlwey because they had reasonable suspicion that Kohlwey was the intoxicated driver about whom they had been dispatched. We affirm. This opinion will not be published.
2013AP101-FT County of Fond du Lac v. Kohlwey
Dist II, Fond du Lac County, Grimm, J., Neubauer, P.J.
Attorneys: For Appellant: Pogodzinski, Jerome F., Milwaukee; For Respondent: Mortier, Scot T., Fond du Lac