OWI – Motion in Limine

By: Derek Hawkins//February 17, 2016//

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Robert A. Schoengarth

Case No: 2015AP1834-CR

Officials: BLANCHARD, J.

Focus: OWI – Motion in Limine

The State of Wisconsin has charged Robert Schoengarth with operating while intoxicated—second offense, and operating with a prohibited alcohol concentration—second offense. The State appeals a circuit court order granting Schoengarth’s motion in limine to prevent the State from introducing evidence at trial about two aspects of field sobriety tests that police had Schoengarth perform while on the side of a state highway. The court failed to provide clear reasoning to support its evidentiary decision. For reasons that I now explain, on my independent review of the record, I conclude that the court did not properly exercise its discretion, and accordingly reverse and remand for further proceedings

Full Text

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.

Select Region or Brand

Upcoming Event