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Motor Vehicles; OWI; probable cause

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

Motor Vehicles; OWI; probable cause

By: WISCONSIN LAW JOURNAL STAFF//November 25, 2011//

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Motor Vehicles
OWI; probable cause

Gustavo E. Lopez appeals from a judgment convicting him of operating a motor vehicle while intoxicated, fourth offense. Lopez argues that the trial court’s finding of probable cause to arrest Lopez was primarily deduced from video evidence recorded from the investigating officer’s squad car during the roadside stop. Lopez alleges that the video is an insufficient substitute for the officer’s testimony regarding the officer’s personal observations. Without the officer’s testimony, Lopez questions the officer’s knowledge to decide that there was probable cause to arrest him. We conclude that evidence gleaned from the officer’s testimony plus the video of the roadside stop is sufficient to infer probable cause. We affirm. This opinion will not be published.

2011AP1037-CR State v. Lopez

Dist. II, Winnebago County, Jorgenson, J., Brown, J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Weber, Gregory M., Madison; Gossett, Christian A., Oshkosh; Levin, Adam Joseph, Oshkosh

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