Motion to Suppress Evidence Denied

By: Derek Hawkins//December 5, 2018//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Emily J. Mays

Case No.: 2018AP571-CR

Officials: GUNDRUM, J.

Focus: Motion to Suppress Evidence Denied

The State of Wisconsin appeals from the circuit court’s grant of Emily Mays’ motion to suppress evidence. Following an officer’s investigatory stop, Mays was arrested and subsequently charged with operating a motor vehicle while intoxicated and operating with a prohibited alcohol concentration, both as second offenses and with a minor child in the vehicle, and operating while revoked. We conclude the court erred in determining that the officer’s suspicion that Mays was operating her vehicle while intoxicated and with her children in the vehicle was not reasonable and thus erred in granting Mays’ suppression motion. We reverse and remand for further proceedings.

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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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