2009AP2096-CR State v. Pintar

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Motor Vehicles
OWI; reasonable suspicion

Alan Pintar appeals his judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, second offense, on a plea of no contest following the court's order denying his motion to suppress evidence. The court denied Pintar's suppression motion, concluding that there was reasonable suspicion to believe that Pintar was operating his motor vehicle while intoxicated. Pintar argues that the court erred in concluding that reasonable suspicion existed to justify the stop. We conclude that the circuit court correctly denied the motion to suppress evidence, but on grounds other than those on which the court relied. We conclude that because probable cause existed to believe that Pintar violated Wis. Stat. § 346.13(1) of the traffic code by unsafely deviating from his lane of travel, the stop was reasonable. We therefore affirm. This opinion will not be published.

2009AP2096-CR State v. Pintar

Dist IV, Jefferson County, Hue, J., Higginbotham, J.

Attorneys: For Appellant: Singh, Sarvan, Sheboygan; For Respondent: Weber, Gregory M., Madison; Shock, Jeffrey M., Jefferson

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