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State v. Joseph R. Davison, 2009AP3091-CR, District II, 4/28/10

court of appeals decision (1-judge, not for publication); for Davison: Steven Cohen; BiC; Resp.; Reply

Reasonable Suspicion – OWI
Reasonable suspicion found to administer field sobriety tests, where Davison admitted drinking 4 or 5 beers, had alcohol on his breath, was in close proximity to the bar where he had been drinking, and it was bar closing time.

“Bar closing time” bids to become for suppression litigation what “high-crime area” has long been: boilerplate. It must be said in this instance, though, Davison might as well as have been flashing a “Drunk Driver” sign.

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