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c. Preliminary breath test

State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity Search & Seizure – PBT – Probable Cause  Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test. ¶8        This section does not require that the officer have probable cause to arrest a driver for drunk… Read more

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OWI – Refusal – Probable Cause to Arrest

Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause… Read more

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Probable Cause – PBT

State v. Jason E. Goss, 2011 WI 104, affirming court of appeals summary order;  for Goss: Daniel J. Chapman; case activity ¶2   We are asked to determine whether the officer’s request for the PBT breath sample was made in violation of Wis. Stat. § 343.303, which states that an officer “may request” a PBT breath sample “[i]f a law… Read more

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PBT – Probable Cause

State v. Herbert L. Hamilton, 2011AP1325-CR, District 4, 11/23/11 court of appeals decision (1-judge, not for publication); for Hamilton: Dixie Lippit; case activity Although driver in single-car accident didn’t exhibit signs commonly associated with intoxication, the smell of alcohol on his breath coupled with his loss of control of the car provided probable cause to administer a preliminary… Read more

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OWI – Probable Cause, PBT

State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his… Read more

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on petition for review of summary order; for Goss: Daniel J. Chapman; case activity Issue (formulated by On Point: Whether probable cause of intoxication to administer a preliminary breath test under § 343.303 was shown by the smell of alcohol on the driver along with four prior OWI convictions. The catch: with 4 priors, Goss’s legal blood alcohol content limit… Read more

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State v. Joshua L. McDonald, 2010AP1045-CR, District 4, 11/18/10 court of appeals decision (1-judge, not for publication); for McDonald: Tracey A. Wood; McDonald BiC; State Resp.; Reply Traffic Stop – Duration ¶13      We conclude that the time it took for the deputy to ask McDonald whether he had been drinking that night and for McDonald to… 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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