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Motion to Suppress – OWI
By: Derek Hawkins//July 5, 2017//
Listen to this articleWI Court of Appeals – District IV
Case Name: State of Wisconsin v. Benjamin Schneller
Case No.: 2016AP2474-CR
Officials: Sherman, J.
Focus: Motion to Suppress – OWI
Benjamin Schneller appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), third offense, contrary to WIS. STAT. § 346.63(1)(a), and resisting an officer, contrary to WIS. STAT. § 946.41(1). Schneller contends that the results of his blood sample should have been suppressed because the warrant authorized the collection of a blood sample, but did not separately authorize the testing of the sample. Schneller argues that testing of the blood sample was a separate search and that the warrant authorizing the taking of his blood must have also specifically authorized the testing of that blood, or an additional warrant authorizing the testing of his blood must have been obtained. I affirm for the reasons discussed below.
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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