OWI – Probable Cause

By: Derek Hawkins//February 9, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Richard J. Slayton

Case No.: 2015AP1255-CR

Officials: REILLY, P.J.

Focus: OWI – Probable Cause

Richard Slayton challenges the sufficiency of a search warrant which authorized the taking of his blood following his arrest for operating a motor vehicle while intoxicated (OWI). Slayton argues that the affidavit provided to the magistrate was insufficient as the officer’s assertion that Slayton had prior convictions for OWI were “legal conclusions” and did not establish the source of the officer’s knowledge. We affirm as the affidavit provided probable cause that Slayton committed the offense of OWI, had prior convictions for OWI, and was refusing to submit to a test of his blood for chemical analysis.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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