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FSTs

State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his… Read More

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OWI – Refusal – Probable Cause to Arrest

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19… Read More

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OWI: admissibility of opinion based on FST

State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13 Court of appeals decision (1 judge, not eligible for publication); case activity OWI — admissibility of opinion based on field sobriety tests Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher”… Read More

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State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: ¶14. In Wisconsin, the general standard for admissibility is very low. Generally, evidence need only be relevant to be admissible. See Wis. Stat. § 904.02; State v. Eugenio, 219 Wis. 2d 391, 411, 579 N.W.2d 642 (1998) (“All relevant evidence is admissible unless otherwise… Read More

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State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04 For Repenshek: Stephen E. Mays Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw: ¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT… Read More

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