OWI – Suppression of Evidence

By: Derek Hawkins//June 4, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Elmer J. Kakwitch

Case No.: 2017AP2521-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: OWI – Suppression of Evidence

Elmer Kakwitch appeals a judgment, entered upon a jury’s verdicts, convicting him of operating a motor vehicle while intoxicated (“OWI”), as a fourth offense, and obstructing an officer. Kakwitch argues the circuit court erred by denying his pretrial motion for either dismissal of the OWI charge or suppression of evidence based on the State’s failure to preserve evidence. Kakwitch argues, in the alternative, that the circuit court erroneously exercised its discretion by denying Kakwitch’s request for a jury instruction on the spoliation of evidence. For the reasons discussed below, we reject these arguments and affirm the judgment.

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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.

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