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Motion to Suppress Evidence Denied

By: Derek Hawkins//December 6, 2017//

Motion to Suppress Evidence Denied

By: Derek Hawkins//December 6, 2017//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. William Charles Brink

Case No.: 2016AP2529-CR

Officials: Lundsten, Sherman, and Blanchard, JJ.

Focus: Motion to Suppress Evidence Denied

William Brink appeals a conviction for operating while intoxicated-6th offense, in violation of WIS. STAT. § 346.63(1)(a) (2015- 16),  as a repeater, and an order denying his motion to suppress evidence. Brink does not challenge the validity of the initial stop of his vehicle by police, based on an alleged equipment violation. Instead, he argues that (1) after the lawful stop, police prolonged his detention to conduct field sobriety tests without reasonable suspicion, and (2) police arrested him without probable cause. We conclude that police had both reasonable suspicion to conduct field sobriety tests and probable cause to arrest. Accordingly, we affirm the circuit court’s suppression decision.

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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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