2010AP1593 County of Sauk v. Leon

Listen to this article

Motor Vehicles
OWI; reasonable suspicion

Julio Leon appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense, Wis. Stat. § 346.63(1)(a), and from an order denying his suppression motion. Leon’s claims on appeal include one that the circuit court erred in concluding that a sheriff’s deputy had reasonable suspicion to detain Leon for the purpose of performing field sobriety tests. Because we agree with Leon that all reasonable inferences from the facts fail to support a conclusion that the deputy had reasonable suspicion, based on the totality of the circumstances, that Leon’s ability to operate his vehicle was impaired at the time the deputy requested the field sobriety tests, we reverse and remand for further proceedings. This opinion will not be published.

2010AP1593 County of Sauk v. Leon

Dist IV, Sauk County, Taggart, J., Blanchard, J.

Attorneys: For Appellant: Raymond, Robert C., Milwaukee; For Respondent: Hendee, Chad A., Baraboo

Full Text