OWI 3rd – Denial of Motion to Suppress

By: Derek Hawkins//November 5, 2015//

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Criminal

Court of Appeals – District III

Officials: HRUZ, J.

OWI 3^rd – Denial of Motion to Suppress

2015AP421-CR State of Wisconsin v. Joshua Allan Vitek

Joshua Vitek appeals a judgment convicting him of operating a motor vehicle while intoxicated (OWI), third offense, based on the circuit court’s denial of his motion to suppress. Vitek argues the circuit court erroneously concluded a police officer had reasonable suspicion to stop the vehicle he was driving based solely on information that the operating privileges of one of the vehicle’s registered owners was suspended. We conclude the State failed to meet its burden of proving the stop was supported by reasonable suspicion, and we therefore reverse and remand with directions that the circuit court grant Vitek’s suppression motion and hold such further proceedings as are necessary to resolve the case.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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