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4th Amendment – OWI Motion to Suppress
By: Derek Hawkins//February 22, 2017//
Listen to this articleWI Court of Appeals – District III
Case Name: Village of Ashwaubenon v. Mark J. Bowe
Case No.: 2016AP594
Officials: Seidl, J.
Mark Bowe appeals a judgment finding him guilty of one count of first-offense operating a motor vehicle while intoxicated (OWI). Bowe asserts a standardized field sobriety test constitutes a “search” within the meaning of the Fourth Amendment and, therefore, he argues the quantum of evidence necessary to request a field sobriety test should be probable cause. He also argues the circuit court erred by denying his suppression motion because, regardless of the quantum of evidence necessary to request a field sobriety test, the officer unlawfully requested he perform field sobriety tests. We reject Bowe’s arguments and affirm.
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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