Motion to Suppress – OWI

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Joshua D. Winberg

Case No.: 2016AP108-CR

Officials: Seidl, J.

Focus: Motion to Suppress – OWI

The State appeals a circuit court order granting a motion to suppress evidence obtained as the result of a traffic stop of a vehicle driven by Joshua Winberg. As a result of evidence obtained after the stop, Winberg was arrested for operating while intoxicated, second offense; operating with a prohibited alcohol concentration, second offense; possession of tetrahydrocannabinols; and possession of drug paraphernalia. In a previous appeal, we concluded the circuit court erroneously suppressed evidence when it held the initial stop of Winberg’s vehicle was made without reasonable suspicion. See State v. Winberg (Winberg I), No. 2013AP2661-CR, unpublished slip op. (WI App May 28, 2014). We remanded the matter for the circuit court to determine whether reasonable suspicion justified extending the stop once the officer made initial contact with Winberg. In this second appeal, we now conclude that it was reasonable to suspect Winberg was under the influence of an intoxicant, allowing for an extended seizure and further investigation into operating a vehicle while intoxicated. Accordingly, we again reverse the suppression order and remand for further proceedings.

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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.