≡ Menu

Facts established probable cause to arrest and were sufficient to support guilty verdict

Village of Bayside v. Amber E. Schoeller, 2016AP256 & 2016AP257, District 1, 8/9/16 (one-judge decision; ineligible for publication); case activity (including briefs)

The circuit court’s factual findings—which Schoeller doesn’t argue are clearly erroneous—doom her claims that the officer didn’t have probable cause to arrest her and that the evidence isn’t sufficient to prove she’s guilty of OWI.

Among other things, the circuit court found that Schoeller made an illegal u-turn; didn’t immediately respond to the officer’s lights; had bloodshot and glassy eyes and admitted to having a drink before driving; failed the field sobriety tests in multiple ways; and refused to submit to a preliminary breath test, which showed some consciousness of guilt. (¶¶9-10, 15, 22). While Schoeller points to the lack of evidence that her speech was impaired or that she had any difficulties balancing when exiting her car for the field sobriety tests, “[t]here is no requirement … that a driver must show every possible sign of impairment or extreme symptoms to properly conclude that her ability to safely drive is impaired.” (¶23).

{ 0 comments… add one }

Leave a Comment