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Police had probable cause to arrest for OWI despite not knowing exactly when defendant drove

Winnebago County v. Kelli M. Kosmosky, 2015AP585, District 2, 8/5/15 (one-judge decision; ineligible for publication); case activity (including briefs)

A reasonable officer would be led to believe there was more than a possibility Kosmosky had been operating a motor vehicle while intoxicated under the facts presented, even though he didn’t know exactly when she operated her vehicle.

¶8     …. Kosmosky parked her car in a location distant from the bar where she admitted she had been drinking. [Officer] Koehler made observations of Kosmosky’s lethargic condition, her glassy and bloodshot eyes, her slurred speech, her smell of alcohol, and her failure on field sobriety tests. Koehler was also made aware of Kosmosky’s statement to the EMT that she had pulled into the Kwik Trip and parked because she was feeling the effects of alcohol. Koehler had probable cause to arrest Kosmosky without a warrant.

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