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Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2011//

Motor Vehicles – OWI — reasonable suspicion

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — reasonable suspicion

Kathy L. Reindl-Knaak appeals from a judgment finding her guilty of operating a motor vehicle while under the influence of an intoxicant (OWI), contrary to Wis. Stat. § 346.63(1)(a) and with a prohibited alcohol concentration (PAC) contrary to § 346.63(1)(b). She additionally appeals from an order deeming unreasonable her refusal to take a test for intoxication pursuant to Wis. Stat. § 343.305(10). Reindl-Knaak challenges the judgment and order on grounds that the arresting officer did not have the requisite reasonable suspicion to conduct an investigatory stop of her vehicle and, therefore, she is entitled to the suppression of the resulting evidence and her refusal to submit to testing was reasonable. Based on the totality of the circumstances, we conclude that the investigatory stop was lawful. Reindl-Knaak’s motion to suppress was properly denied and her refusal to submit to a test for intoxication was properly deemed unreasonable. We affirm the judgment and order. This opinion will not be published.

2011AP1088, 2011AP1089, 2011AP1090 City of Sheboygan v. Reindl-Knaak, et al.

Dist II, Sheboygan County, Neubauer, P.J.

Attorneys: For Appellant: Hoff, Casey J., Sheboygan; For Respondent: Adams, Charles C., Sheboygan

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