State v. Travis M. Ranta, 2012AP1663, District 4 (1-judge, ineligible for publication); case activity Police were called to a campsite where the defendant admitted to drinking with underage individuals. An hour later, another officer was called to the same site, where he observed the defendant behaving in a “belligerent, uncooperative [and] loud” manner. A PBT… Read more
c. Preliminary breath test
Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13 Court of appeals decision (1 judge; ineligible for publication); case activity Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about… Read more
Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Probable Cause – PBT, § 343.303 ¶11 At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday… Read more
State v. Marilee F. Devries, 2012 WI App 119 (recommended for publication); case activity Devries’ probation agent, after detecting alcohol on her breath during a visit at the probation office, had a law enforcement officer administer a preliminary breath test. One thing led to another and she was convicted of OWI. She challenges the PBT… Read more
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
Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause… Read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
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
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
