2010AP1097-CR State v. Sedahl

By: WISCONSIN LAW JOURNAL STAFF//October 5, 2010//

Listen to this article

Motor Vehicles
OWI; community caretaker doctrine

The State appeals an order dismissing a criminal complaint charging Jason Sedahl with operating a motor vehicle while intoxicated, fourth offense, and operating a motor vehicle with a prohibited alcohol concentration, fourth offense. The trial court concluded that law enforcement officers’ failure to perform their community caretaker function warranted dismissal of the charges. We agree with the State that the community caretaker doctrine is not a legal basis for dismissing a criminal complaint. We therefore reverse and remand for further proceedings. This opinion will not be published.

2010AP1097-CR State v. Sedahl

Dist III, Dunn County, Smeltzer, J., Peterson, J.

Attorneys: For Appellant: Peterson, James M., Menomonie; Weber, Gregory M., Madison; For Respondent: Schembera, William A., Menomonie

Full Text

Select Region or Brand

Upcoming Event