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Traffic stop — OWI — probable cause to request PBT

Fond du Lac County v. Ian A. Niquette, 2012AP2708, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity

Police had probable cause to have Niquette do a PBT despite his good performance on the field sobriety tests, applying State v. Felton, 2012 WI App 114, ¶10, 344 Wis. 2d 483, 824 N.W.2d 871:

¶5        …. Niquette crashed his truck into the back of a parked vehicle in a twenty-five-mile-per-hour speed zone with enough force to flip his vehicle onto its side. Niquette reeked of alcohol and admitted that he had been drinking and driving. Common sense dictates that not only did the deputy have more than reasonable suspicion to investigate but she had probable cause to believe Niquette had been driving drunk so as to request Niquette to submit to a PBT.

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