On Point blog, page 10 of 10
Probable Cause – PBT, § 343.303; Blood Test Admissibility; Probable Cause – PBT, § 343.303
Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12
court of appeals decision (1-judge, ineligible for publication); case activity
Probable Cause – PBT, § 343.303
¶11 At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday night/Sunday morning (a day and time that increases suspicion of alcohol consumption),
OWI: admissibility of opinion based on FST
State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13
Court of appeals decision (1 judge, not eligible for publication); case activity
OWI — admissibility of opinion based on field sobriety tests
Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher” and that the HGN test alone is sufficient to detect a BAC over .08,
OWI — Evidence – Admissibility, Field Sobriety Tests
State v. Richard B. Wilkens, 2005 WI App 36
For Wilkens: Waring R. Fincke
Issue/Holding:
¶14. In Wisconsin, the general standard for admissibility is very low. Generally, evidence need only be relevant to be admissible. See Wis. Stat. § 904.02; State v. Eugenio, 219 Wis. 2d 391, 411, 579 N.W.2d 642 (1998) (“All relevant evidence is admissible unless otherwise provided by law.”).
OWI – Evidence – Intoximeter EC/IR – Approval of Instrument by DOT
State v. Larry N. Winsand, 2004 WI App 86, PFR filed 4/12/04
For Winsand: Ralph A. Kalal
Issue: Whether results of an Intoximeter EC/IR breath test was inadmissible because approval of this testing instrument by the chief of the DOT chemical test section involved standards that should have been but were not promulgated as administrative rules under ch. 227.
Holding:
¶7.
OWI – Preliminary Breath Test, § 343.303 – Refusal, Support for Reasonable Suspicion for Blood Draw
State v. Christopher M. Repenshek, 2004 WI App 229, PFR filed 12/17/04
For Repenshek: Stephen E. Mays
Issue/Holding: Refusal to submit to a PBT may support a conclusion of reasonable suspicion for a blood draw:
¶25. Key to understanding our analysis is understanding that Wis. Stat. § 343.303 does not contain a general prohibition on police requesting a PBT. Rather, the statute only imposes a limitation on the use of a PBT result in a particular situation,