01-1182 City of Clintonville v. Kuhn

By: dmc-admin//December 10, 2001//

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Michael Kuhn appeals a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration, in violation of a city ordinance. He claims the trial court erred in denying his motion to suppress evidence of the result of a breath test administered following his arrest. Specifically, he claims that the arresting officer did not have probable cause to arrest him for operating a motor vehicle while under the influence of an intoxicant (OMVWI) prior to administering a preliminary breath test (PBT), and that the court erroneously admitted the PBT reading at the hearing on Kuhn’s motion to suppress.

We reject Kuhn’s arguments and affirm the appealed judgment.

This opinion will not be published.

Dist IV, Waupaca County, Kirk, J., Deininger, J.

Attorneys:

For Appellant: Michael C. Witt, Jefferson

For Respondent: Timothy J. Schmid, Shawano

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