OWI – Probable Cause

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WI Court of Appeals – District I

Case Name: County of Milwaukee v. Nicholas O. Moran

Case No.: 2017AP001047; 2017AP001048

Officials: DUGAN, J.

Focus: OWI – Probable Cause

In these consolidated appeals, Nicholas Moran appeals his convictions for operating while under the influence of an intoxicant (OWI)— first offense, operating with a prohibited alcohol concentration—first offense and inattentive driving. Moran challenges the trial court’s denial of his motion to suppress evidence that law enforcement officers obtained after he was detained for the purpose of administering field sobriety tests, and the denial of his subsequent motion for reconsideration. Moran contends that the deputy investigating the automobile accident in which Moran was involved was not credible and the deputy did not have reasonable suspicion to believe that Moran was operating his vehicle while under the influence of an intoxicant. Therefore, Moran asserts that Kellner could not further detain Moran to administer field sobriety tests.

We conclude that the deputy had reasonable suspicion to detain Moran. We also hold that the trial court properly exercised its discretion in determining the historical facts, including credibility determinations, and we uphold those findings. Therefore, we affirm the judgments of conviction.

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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.