By: WISCONSIN LAW JOURNAL STAFF//October 31, 2012
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — reasonable suspicion
The State of Wisconsin appeals from a judgment vacating Raenold Quiles’s conviction for operating a vehicle while under the influence of an intoxicant (OWI) and operating a vehicle with a prohibited alcohol concentration (PAC). Before trial, Judge Patrick C. Haughney denied Quiles’s motion to suppress for lack of reasonable suspicion. After a jury trial and guilty verdicts, Judge J. Mac Davis, substituting for Judge Haughney, granted Quiles’s motion for reconsideration on the motion to suppress and dismissed the judgment against Quiles. The State contends the stop of Quiles’s vehicle was supported by reasonable suspicion and, therefore, the trial court erred in vacating Quiles’s conviction. We affirm the trial court judgment dismissing the case against Quiles. This opinion will not be published.
Dist II, Waukesha County, Davis, J., Neubauer, P.J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Juech, Brian J., Waukesha; For Respondent: Schapiro, S. A., Milwaukee