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Man bites dog!

State v. Robert L. Kavalauskas, 2019AP610-CR, District 2, 8/21/19 (one-judge decision; ineligible for publication); case activity (including briefs)

And court finds reasonable suspicion to stop and detain driver to investigate OWI!

¶6      In this case, Kavalauskas’ deviations from his lane of traffic—where he “was driving in both lanes and sometimes in the middle of the lane”—in the roundabouts on four separate occasions within a short distance early on a Saturday morning at 2 a.m., constitute specific and articulable facts that suggest impairment and from which a reasonable officer could infer that something unlawful might be afoot warranting a brief investigatory stop…. Cf. [State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1, 733 N.W.2d 634] (“We therefore determine that a driver’s actions need not be erratic, unsafe, or illegal to give rise to reasonable suspicion.”); see also State v. Lange, 2009 WI 49, ¶32, 317 Wis. 2d 383, 766 N.W.2d 551 (noting that time of night is relevant and it is common knowledge that overconsumption of alcohol occurs more frequently on Friday and Saturday nights). Following this lawful stop, the officer’s additional observations of the odor of intoxicants, glassy eyes, Kavalauskas’ admission that he had been drinking, and further investigation provided the officer with probable cause to arrest Kavalauskas for OWI.

{ 1 comment… add one }
  • Daniel Chapman August 22, 2019, 8:58 am

    Shouldn’t the title be “dog bites man?” Usually “man bites dog” means something backwards or unexpected happened. This is clickbait.

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