Reasonable Suspicion

By: Derek Hawkins//August 17, 2016//

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WI Court of Appeals – District I

Case Name: Village of Bayside v. Amber E. Schoeller

Case No.: 2016AP256; 2016AP57

Officials: BRASH, J.

Focus: Reasonable Suspicion

In these consolidated appeals, Amber Schoeller appeals an order finding that she impermissibly refused to submit to an evidentiary chemical breath test. She also appeals a judgment finding her guilty of operating a motor vehicle under the influence of an intoxicant. Schoeller makes the following arguments on appeal: (1) Sergeant Francesca Ehler, the arresting officer, did not have the requisite level of suspicion to request that Schoeller perform a preliminary breath test (PBT) and, without the PBT test result, Ehler did not have probable cause to arrest Schoeller; and (2) without the refusal to submit to the chemical breath test there was insufficient evidence to support the circuit court’s finding of guilt. We disagree and affirm.

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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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