By: WISCONSIN LAW JOURNAL STAFF//August 28, 2013//
Motor Vehicles – OWI – reasonable suspicion
Tony L. Wyatt appeals from a judgment of conviction for operating a vehicle with a prohibited blood alcohol concentration (PAC) with a passenger under sixteen years of age. He contends the trial court erred in denying his motion to suppress by finding at the suppression hearing that the arresting law enforcement officer’s testimony was credible and that his testimony and that of his witnesses was not and, as a result, concluding reasonable suspicion existed to stop the vehicle he was driving for a traffic violation. Wyatt also contends reasonable suspicion did not exist to extend the stop for an operating while intoxicated (OWI)/PAC investigation, and that probable cause was required, but did not exist, to conduct field sobriety tests. We affirm. This opinion will not be published.
2013AP728-CR State v. Wyatt
Dist. II, Fond du Lac County, Wirtz, J., Gundrum, J.