OWI – Motion to Suppress

By: Derek Hawkins//September 14, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Mary G. Zinda

Case No.: 2016AP455-CR

Officials: Gundrum, J.

Focus: OWI – Motion to Suppress

Mary Zinda appeals from the order denying her motion to suppress evidence and a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Zinda argues the arresting officer unlawfully seized her prior to detecting intoxicants on her breath, which led to further investigation for OWI. We conclude that Zinda was not seized at the time the officer smelled the intoxicants, and thus there was no Fourth Amendment violation in his procurement of that or subsequent evidence. We additionally conclude that even if the officer had seized her prior to smelling the intoxicants, such seizure would have been lawful in that the officer had reasonable suspicion to do so. We 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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