By: Derek Hawkins//December 28, 2017//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Neil R. Hebert
Case No.: 2016AP2168
Officials: HRUZ, J.
Focus: OWI – Suppression Motion Error
The State appeals an order dismissing a citation against Neil Hebert for operating a motor vehicle while intoxicated (OWI), as a first offense, entered after the circuit court had granted Hebert’s motion to suppress evidence. We conclude law enforcement had reasonable suspicion that Hebert was operating his vehicle while intoxicated, which permitted an extension of the initial traffic stop for further investigation of that suspicion. Therefore, Hebert’s constitutional rights were not violated, and the suppression motion was incorrectly granted. We reverse and remand for further proceedings consistent with this opinion.