Motor Vehicles – OWI — probable cause

By: WISCONSIN LAW JOURNAL STAFF//October 27, 2011//

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Motor Vehicles – OWI — probable cause
Tammi Marie Zellmer appeals a circuit court order finding her guilty of operating a motor vehicle with a prohibited blood alcohol concentration, in violation of Wis. Stat. § 346.63(1)(b). Zellmer argues that the circuit court erred in denying her suppression motion. She asserts that the arresting officer illegally obtained a preliminary breath test (PBT) result from her and that, without the PBT evidence, there was no probable cause to arrest. This court concludes that there was probable cause to arrest Zellmer even without reference to the PBT evidence. Accordingly, the judgment is affirmed. This opinion will not be published.

2010AP1986 State v. Zellmer

Dist IV, Wood County, Mason, J., Blanchard, J.

Attorneys: For Appellant: Hyland, John D., Madison; For Respondent: Lambert, Craig S., Wisconsin Rapids; Schneider, Lucas Lyle, Wisconsin Rapids

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