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2010AP1045-CR State v. McDonald

By: WISCONSIN LAW JOURNAL STAFF//November 18, 2010//

2010AP1045-CR State v. McDonald

By: WISCONSIN LAW JOURNAL STAFF//November 18, 2010//

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Motor Vehicles
OWI; reasonable suspicion; probable cause

Joshua McDonald appeals from a judgment of conviction for operating with a prohibited blood alcohol concentration, in violation of Wis. Stat. § 346.63(1)(b). McDonald contends that the circuit court erred in denying his motion to suppress all evidence obtained after he was stopped for speeding. McDonald argues that the deputy (1) illegally expanded the scope of the detention by asking whether he had been drinking alcohol, (2) lacked the requisite reasonable suspicion to conduct field sobriety tests, and (3) lacked “probable cause to believe” that McDonald was driving while intoxicated before asking McDonald to take a preliminary breath test (PBT). We conclude that the deputy reasonably extended the scope of the detention, and had the required levels of reasonable suspicion and “probable cause to believe” to conduct field sobriety tests and the PBT, respectively. Accordingly, we affirm. This opinion will not be published.

2010AP1045-CR State v. McDonald

Dist IV, Wood County, Mason, J., Blanchard, J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Weber, Gregory M., Madison; Lambert, Craig S., Wisconsin Rapids

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