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OWI – Probable Cause – Blood Sample

By: Derek Hawkins//August 3, 2016//

OWI – Probable Cause – Blood Sample

By: Derek Hawkins//August 3, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Lauren Ann Erstad

Case No.: 2015AP2675-CR

Officials: LUNDSTEN, J.

Focus: OWI – Probable Cause – Blood Sample

Lauren Erstad appeals the circuit court’s judgment convicting her of operating a motor vehicle while under the influence of an intoxicant as a second offense. Erstad’s arguments relate to the search warrant that authorized the collection of a sample of her blood. Erstad does not argue that probable cause to collect the blood sample was lacking on the face of the warrant. Rather, Erstad argues that the warrant affidavit contained false information and that, without this information, probable cause was absent. In addition, Erstad argues that, although the warrant authorized collection of a blood sample, the warrant did not authorize testing the sample, and that this testing was a separate search that required an additional warrant or a warrant exception. Like the circuit court, I reject these arguments, and I affirm the judgment.

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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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