02-3111-FT City of Oshkosh v. Palecek-Baerwald

By: dmc-admin//March 31, 2003//

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Christine K. Palecek-Baerwald appeals from a forfeiture judgment of conviction for operating a motor vehicle while intoxicated (OWI), as a first offense. She contends that the trial court afforded too much weight to the preliminary breath test (PBT) results in determining the existence of probable cause.

We conclude, based on Wis. Stat. sec. 343.303 and our supreme court’s holding in County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), that the trial court properly considered the PBT results in determining probable cause to arrest. We further conclude that the trial court’s determination of probable cause rested on the totality of the circumstances and not, as Palecek-Baerwald asserts, exclusively on the PBT results.

We affirm.

This opinion will not be published.

Dist II, Winnebago County, Carver, J., Nettesheim, J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: Warren P. Kraft, Oshkosh; Lynn A. Lorenson, Oshkosh

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