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Suppression of Evidence – Blood Test

By: Derek Hawkins//May 23, 2018//

Suppression of Evidence – Blood Test

By: Derek Hawkins//May 23, 2018//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Eldon Arthur Holt

Case No.: 2017AP1375-CR

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.

Focus: Suppression of Evidence – Blood Test

Eldon Arthur Holt appeals a judgment of conviction for operating with a prohibited blood alcohol concentration (PAC) as a seventh, eighth, or ninth offense. Holt contends that the results of his blood test should have been suppressed because the blood draw was conducted in violation of Holt’s Fourth Amendment rights. Specifically, Holt contends that: (1) police lacked reasonable suspicion to extend the traffic stop by asking whether Holt had been drinking; and (2) police lacked probable cause to arrest Holt for PAC. We reject Holt’s Fourth Amendment arguments and affirm.

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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.

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