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Probable Cause – Suppression of Evidence – Breath Test

WI Court of Appeals – District II

Case Name: State of Wisconsin v. Michael T. Paczkowski

Case No.: 2021AP340-CR

Officials: GROGAN, J.

Focus: Probable Cause – Suppression of Evidence – Breath Test

The State of Wisconsin appeals from the circuit court order suppressing evidence obtained by two Walworth County Sheriff Deputies in the case against Michael T. Paczkowski, who was arrested for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC), both as second offenses, contrary to WIS. STAT. §§ 346.63(1)(a)&(b) and 346.65(2)(am)2. Because the totality of the circumstances demonstrate that the deputies had probable cause to perform a preliminary breath test (PBT), this court reverses the order granting the suppression motion.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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