OWI – Probable Cause

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WI Court of Appeals – District III

Case Name: State of Wisconsin v Alejandro Herrerra Ayala

Case No.: 2015AP865-CR

Officials: HRUZ, J.

Focus: OWI – Probable Cause

The State of Wisconsin appeals an order granting Alejandro Herrera Ayala’s motion to suppress evidence.  See WIS. STAT § 974.05(1)(d)2. The State argues police officers had probable cause to arrest Herrera Ayala for operating a motor vehicle while intoxicated (OWI). In particular, the State contends the circuit court should not have excluded the results of the standardized field sobriety tests (SFSTs) from its probable cause determination, and if any of the SFST results are considered, probable cause to arrest existed as a matter of law. The circuit court’s decision to disregard each of the SFST results was based on its findings of fact regarding the “significant communication issues between” Herrera Ayala and the arresting officer throughout the administration of the SFSTs, and the resulting unreliability of the tests as administered. Our standards for reviewing a circuit court’s factual findings require us not to disturb those findings unless they are clearly erroneous. Because we are unable to draw that conclusion based on the record in this case, we affirm the order.

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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.