Criminal – OWI – Disorderly Conduct

By: Derek Hawkins//December 2, 2015//

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WI Court of Appeals – District III

Case No: 2014AP1852-CR

Case Name: State of Wisconsin. Joseph J. VanMeter

Officials: HRUZ, J.

Pertinent Practice Areas: Criminal – OWI – Disorderly Conduct

Joseph VanMeter appeals a judgment of conviction for third-offense operating while intoxicated (OWI) and disorderly conduct. He argues the arresting officer lacked reasonable suspicion to request that VanMeter perform field sobriety tests. VanMeter also contends the officer lacked probable cause to believe VanMeter was driving intoxicated and, therefore, was not justified in requiring VanMeter to submit to a preliminary breath test (PBT). Finally, VanMeter argues the circuit court erroneously admitted “expert” evidence at trial through the arresting officer’s testimony regarding VanMeter’s performance on the horizontal gaze nystagmus (HGN) field sobriety test. We reject these arguments and affirm.

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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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