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Befuddled court rejects challenge to OWI conviction

State v. Timothy M. Argall, 2020AP907-CR, District 2, 11/18/20 (one-judge decision; ineligible for publication); case activity (including briefs)

Argall was arrested for OWI based on a plethora of evidence—viz., driving after dark without headlights, slurred speech, odor of alcohol, inability to follow questions or give direct answers, admission of drinking 4 to 6 beers, 0.201 PBT. His gripe, though, is with the pre-FST pat down that found a pot pipe in his pocket. Assuming it was invalid, the pat down certainly doesn’t invalidate the basis for detaining or arresting Argall for OWI. Nor does Argall develop any argument challenging the circuit court’s conclusion that he consented to the pat down. No wonder the court of appeals was “befuddled by this appeal.” (¶6).

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