Sufficiency of Evidence

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Sarah Ann Wallk

Case No.: 2017AP61

Officials: BRENNAN, P.J.

Focus: Sufficiency of Evidence

Sarah Ann Wallk appeals an order finding her refusal to submit to an evidentiary chemical test of her blood unreasonable. Wallk argues that the odor of alcohol from inside the vehicle and a driver’s admission of drinking several hours earlier does not constitute “information [discovered] subsequent to the initial stop [that], when combined with information already acquired, provided reasonable suspicion” sufficient to continue a traffic stop for the purpose of performing field sobriety tests. See State v. Colstad, 2003 WI App 25, ¶¶11, 19, 260 Wis. 2d 406, 659 N.W.2d 394. We disagree 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.