OWI – Suppression of Evidence

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WI Court of Appeals – District IV

Case Name: County of Green v. Joey Jay Barnes

Case No.: 2018AP1382

Officials: FITZPATRICK, J.

Focus: OWI – Suppression of Evidence

The County of Green appeals an order of the Green County Circuit Court granting Joey Barnes’s request to dismiss both a citation for operating while under the influence of an intoxicant as a first offense, in violation of WIS. STAT. § 346.63(1)(a) (which I will sometimes refer to as the “OWI citation”); and a citation for operating with a prohibited alcohol concentration as a first offense, in violation of § 346.63(1)(b) (which I will sometimes refer to as the “BAC citation”). The circuit court concluded that certain, but not all, evidence against Barnes gathered by the responding deputies must be suppressed. The circuit court then dismissed both citations over the County’s objection. Without deciding whether suppression of that evidence was warranted, I conclude that the circuit court erred in dismissing the OWI citation. Accordingly, I reverse and remand so that the County may proceed to trial on the OWI citation without the suppressed evidence.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.