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Police had probable cause to arrest for OWI based on driver’s admission he was impaired

Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity

After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked,  “Are you telling me that you are impaired and you were driving in an impaired state?” Bauman answered “yes.” The deputy had probable cause to arrest Bauman:

¶4        …. When Bauman admitted to the deputy that he had driven to the parking lot and that he had been impaired when driving due to drinking, he essentially confessed to both elements of OWI. A reasonable law enforcement officer would believe that there was more than a possibility that Bauman was operating a motor vehicle while under the influence of intoxicants based on his first-hand admission. See Laster v. State, 60 Wis. 2d 525, 535, 211 N.W.2d 13 (1973) (“Admissions of crime, like admissions against proprietary interests, carry their own indicia of credibility.” (citation omitted))….

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