OWI – Probable Cause

By: Derek Hawkins//June 12, 2018//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jeffrey A. Jacobi

Case No.: 2017AP1816

Officials: BRENNAN, P.J.

Focus: OWI – Probable Cause

Jeffrey A. Jacobi seeks reversal of the circuit court’s order revoking his operating privileges for unlawfully refusing a test of his blood for the presence of alcohol. He contends that the arresting police officer lacked probable cause to believe that Jacobi was under the influence of alcohol when he was driving his motorcycle, although he does not dispute that he was under the influence of alcohol seventeen to twenty-two minutes after the accident when he returned to the scene.

The record shows conclusively that the police had direct evidence from which reasonable inferences could be drawn, and those inferences support probable cause that Jacobi was operating his motorcycle while under the influence of an intoxicant. We therefore affirm the revocation order of the circuit court.

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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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