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2010AP1944-CR State v. Pence

By: WISCONSIN LAW JOURNAL STAFF//March 24, 2011//

2010AP1944-CR State v. Pence

By: WISCONSIN LAW JOURNAL STAFF//March 24, 2011//

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Motor Vehicles
OWI; reasonable suspicion

Timothy Pence appeals the denial of his motion to suppress evidence and the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), in violation of Wis. Stat. ß 346.63(1)(a), third offense.

Pence argues that the arresting officer did not have reasonable suspicion to initiate the investigative stop and the court therefore erred in denying his motion to suppress evidence resulting from this stop.

For the reasons we explain below, we conclude the circuit properly denied the motion because, based on the totality of the circumstances, there was the requisite reasonable suspicion. We therefore affirm. This opinion will not be published.

2010AP1944-CR State v. Pence
Dist IV, Columbia County, Miller, J., Vergeront, J.
Attorneys: For Appellant: Giesen, Charles W., Madison; Giesen, Jessica Jean, Madison; For Respondent: Weber, Gregory M., Madison; Cross, Troy Dean, Portage

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