2010AP1044 City of Tomah v. Pudlow

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Motor Vehicles
OWI; reasonable suspicion

Matthew Pudlow appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OWI) as a first offense, contrary to Wis. Stat. § 346.63(1)(a), and the circuit court’s order denying his motion to suppress the evidence of his intoxication. The only issue is whether the trial court erred in denying Pudlow’s motion to suppress. Pudlow claimed that the investigative stop that allowed the officer to develop facts supporting probable cause for his arrest violated his constitutional protections against unreasonable seizure. We conclude that the investigatory stop was legal because police had reasonable suspicion that Pudlow had violated the traffic law prohibiting unsafe backing, contrary to Wis. Stat. § 346.87. We therefore affirm. This opinion will not be published.

2010AP1044 City of Tomah v. Pudlow

Dist IV, Monroe County, McAlpine, J., Blanchard, J.

Attorneys: For Appellant: Niemeier, Rick, Sparta; Premo, Maggie, Sparta; For Respondent: Precour-Berry, Penny Jean, Tomah

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