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Motor Vehicles – OWI – probable cause
By: WISCONSIN LAW JOURNAL STAFF//August 27, 2014//
Listen to this articleMotor Vehicles – OWI – probable cause
The State appeals from an order granting Jeanmarie Carini’s motion to suppress the evidence of the result of a preliminary breath test (PBT) Carini was asked to take shortly after she was involved in a car accident. The circuit court concluded that a police officer lacked probable cause to request the PBT even though the other driver said that Carini had caused the accident and the officer smelled intoxicants on the driver’s breath. We agree with the State that this conclusion was a misapplication of WIS. STAT. § 343.303 and reverse.
Reversed.
Not recommended for publication in the official reports.
2014AP526-CR State v. Carini
Dist. II, Waukesha County, Dorow, J., Brown, J.
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