OWI Second – Motion to Suppress

By: Derek Hawkins//December 30, 2015//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Tommy K. Miller

Case No.: 2015AP1211-CR

Officials: BLANCHARD, J.

Practice Area: OWI Second – Motion to Suppress

Tommy Miller appeals a judgment of conviction for operating a motor vehicle while intoxicated, second offense, and the circuit court’s order denying his motion to suppress evidence obtained by a sheriff’s deputy after an encounter with Miller resulting in Miller’s arrest. In making the motion, Miller argued that the encounter was a seizure for constitutional purposes, and that the State failed to prove that: the seizure was justified by the community caretaker doctrine; the deputy possessed the requisite level of suspicion to continue to detain Miller to administer field sobriety tests; and the deputy had “probable cause to believe” that Miller had been operating a vehicle in violation of a statute related to drunk driving, justifying a preliminary breath test (PBT). For the reasons set forth below, I 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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