Court Error – Motion to Suppress

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Steven W. Heath

Case No.: 2014AP2466-CR

Officials: Higginbotham, J.

Focus: Court Error – Motion to Suppress

Steven Heath appeals a judgment of conviction for operating a motor vehicle while intoxicated (“OWI”), as a third offense. Heath argues that the circuit court erred when it denied his motion to suppress the blood draw evidence. Specifically, he argues that his blood test results should have been suppressed because the paramedic who conducted the blood draw was not a “person acting under the direction of a physician” as required by WIS. STAT. § 343.305(5)(b) and because the method and manner of the blood draw was not constitutionally reasonable. Heath also argues that he was arrested without probable cause. I conclude that the paramedic was acting under the direction of a physician at the time she withdrew Heath’s blood, the method and manner of the blood was draw was reasonable, and there was probable cause to arrest Heath for OWI under the circumstances existing at the time he was arrested. Accordingly, 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.