By: WISCONSIN LAW JOURNAL STAFF//March 24, 2011//
Motor Vehicles
OWI; reasonable suspicion; probable cause
Jason Glover appeals a judgment of conviction for operating a motor vehicle while intoxicated, second offense, in violation of Wis. Stat. ß 346.63(1)(a). Glover contends that the circuit court erred in denying his motion to suppress all evidence obtained after he was stopped for speeding.
Glover argues that the officer: (1) illegally expanded the scope of the detention by asking whether he had been drinking alcohol; (2) lacked reasonable suspicion to conduct field sobriety tests; and (3) lacked “probable cause to believe” that Glover was operating a vehicle while under the influence before requesting that Glover take a preliminary breath test (PBT).
However, under the applicable legal standards the officer reasonably extended the scope of the detention, and possessed the requisite levels of “reasonable suspicion” to conduct field sobriety tests and “probable cause to believe” to request the PBT.
Accordingly, the circuit court is affirm. This opinion will not be published.
2010AP1844-CR State v. Glover
Dist IV, Columbia County, White, J., Blanchard, J.
Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Weber, Gregory M., Madison; Cross, Troy Dean, Portage