OWI – Motion to Suppress

By: Derek Hawkins//January 17, 2017//

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WI Court of Appeals – District III

Case Name: City of Eau Claire v. David Eugene Phelps

Case No.: 2016AP248

Officials: Hruz, J.

Focus: OWI – Motion to Suppress

The City of Eau Claire appeals an order granting David Phelps’s motion to suppress evidence, resulting in the dismissal of a citation for first-offense operating a motor vehicle while intoxicated (OWI). We agree with the City that reasonable suspicion of an OWI offense justified the underlying traffic stop. Accordingly, Phelps’s constitutional rights were not violated, and we reverse the order and remand for further proceedings necessary to resolve this case.

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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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