By: dmc-admin//June 17, 2002//
Randall Peterson appeals from a judgment convicting him of fourth offense operating a motor vehicle while under the influence of an intoxicant. Peterson’s appeal is based on the trial court’s order denying his motion to suppress statements he made to a police officer who had stopped to aid him at an accident scene. Peterson contends that he was in custody and should have been advised of his Miranda rights prior to any questioning.
Because Peterson was not in custody at the time of the questioning, the judgment is affirmed.
This opinion will not be published.
Dist III, Dunn County, Stewart, J., Cane, C.J.
Attorneys:
For Appellant: Dennis Schertz, Hudson
For Respondent: James M. Peterson, Menomonie