Please ensure Javascript is enabled for purposes of website accessibility

Motor Vehicles – OWI — probable cause

By: WISCONSIN LAW JOURNAL STAFF//August 14, 2013//

Motor Vehicles – OWI — probable cause

By: WISCONSIN LAW JOURNAL STAFF//August 14, 2013//

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause

This appeal follows Scott Bartelt’s conviction for driving while intoxicated. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined the ride, told the officer he would walk home, and walked away. Not twenty minutes later, back on patrol, the officer saw Bartelt drive by in his truck. Bartelt attempted to flee but was ultimately arrested.

On appeal Bartelt argues that the officer lacked probable cause for the arrest, primarily because the officer did not conduct field sobriety tests. We conclude that in view of the totality of the circumstances, it was quite obvious to the officer that Bartelt was intoxicated, without any need to conduct field sobriety tests. The officer had ample probable cause for the arrest. We affirm. This opinion will not be published.

2013AP110-CR State v. Bartelt

Dist II, Waukesha County, Domina, J., Brown, C.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Centinario, Stephen J., Waukesha; Weber, Gregory M., Madison

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests