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Reasonable Suspicion – Field Sobriety Testing

State v. Rafael Labedzki, 2010AP2501-CR, District 2, 4/6/11

court of appeals decision (1-judge, not for publication); for Labedzki: Walter Arthur, Piel, Jr.; case activity

Reasonable suspicion for sobriety testing upheld, where officer had basis for concluding Labedzki was driving while intoxicated after an unchallenged stop for speeding. In brief: “Given that the trooper observed an alcoholic smell coming from Labedzki’s vehicle, a passenger who appeared drunk, bloodshot and glassy eyes on Labedzki, and a strong alcoholic smell coming from Labedzki’s breath, it was entirely reasonable for the trooper to ask Labedzki to perform field sobriety tests,” ¶8.

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