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Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//May 1, 2013//

Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//May 1, 2013//

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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 This opinion will not be published.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

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