00-3083 State v. Haynes

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“Here, there does not appear to be any delay between the traffic violation and the officer’s decision to act. Grabski testified that after witnessing the violation, he immediately activated his emergency lights and siren. Grabski’s pursuit of Haynes was continuous and uninterrupted. In addition, the period of time between the violation, the start of the pursuit and Haynes’s apprehension was very short, spanning only a few miles, and any minimal delay was caused by Haynes’s refusal to pull over. We conclude that Grabski was in fresh pursuit of Haynes and that the extrajurisdictional stop was proper. …

“After Grabski stopped the car and made contact with Haynes, he noticed that she gave off a strong odor of intoxicants. She displayed bloodshot and glassy eyes and slurred her speech. Haynes admitted that she had been at a Christmas party and had been drinking that evening. Without question, these are additional suspicious factors sufficient to give rise to a suspicion that Haynes had committed the offense of drunk driving, an offense separate and distinct from the traffic violation. Thus, Grabski’s stop of Haynes could be extended, commencing a new investigation of the new offense of drunk driving and justifying a brief detention of Haynes for further investigation. Tools for conducting such a new investigation include field sobriety tests.”

Judgments of conviction are affirmed.

Recommended for publication in the official reports.

Dist II, Waukesha County, Mawdsley, J., Snyder, J.

Attorneys:

For Appellant: Gerard F. Kuchler, Waukesha

For Respondent: Paul E. Bucher, Waukesha; Kathleen M. Ptacek, Madison