On Point blog, page 18 of 25
OWI – Blood Test, § 343.305(5)(a), Generally; Request for Blood Test
City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11
court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity
¶9 Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and providing a second alternate test of its choice at no charge to the suspect;
Implied Consent Law, § 343.305(5)(a)
State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11
court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity
Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew the request for breath test. The deputy “conclud(ed) that when Hechimovich did not bring it up following his blood test,
Search Incident to Arrest: Automobile
State v. Tracy Smiter, 2011 WI App 15; for Smiter: Mayaan Silver; case activity; Smiter BiC; State Resp.; Reply
During a routine traffic stop, passenger Smiter threw out of the window a substance the officer concluded was a marijuana blunt. Smiter was arrested for possession of marijuana (he concedes on appeal probable cause for the arrest) and the car then searched,
Probable Cause – OWI Arrest
State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10
court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply
¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive; (2) Marks observed Barahona’s vehicle cross the dotted line dividing two lanes of traffic by approximately one foot and drive over that line for approximately one block when he was pulled over by Marks;
State v. Lee Anthony Batt, 2010 WI App 155
court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply
OWI – Implied Consent Law – § 343.305(5)(a) Testing
Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by the law enforcement agency at no expense to the driver,
Implied Consent Law – Non-English-Speaking Driver
State v. Javier Galvin, 2010AP863-CR, District 2, 10/6/10
court of appeals decision (1-judge, not for publication); for Galvin: John S. Schiro, Keith Llanas; BiC; Resp.
Galvan, who had minimal ability to understand English, didn’t understand the implied consent warnings given to him in English. Because the arresting officer knew of Galvan’s limitation, and had indeed obtained the translation services of another officer at the time of arrest,
State v. David A. Dearborn, 2010 WI 84
Wisconsin supreme court decision, affirming 2008 WI App 131; for Dearborn: Eileen A. Hirsch,SPD, Madison Appellate; BiC; Resp.; Reply
Search-Incident – Good-Faith Reliance on Judicial Precedent
¶2 Dearborn maintains, and the State concedes, that in the wake of the United States Supreme Court’s ruling in Arizona v. Gant, 556 U.S.
Search-Incident: Automobile; Sufficiency of Evidence: Manufacturing THC
State v. Timothy Charles Bauer, 2010 WI App 93; for Bauer: Catherine M. Canright; BiC; Resp.; Reply
Search-Incident – Automobile
By failing to address Bauer’s Arizona v. Gant argument, instead relying solely on State v. Fry, 131 Wis. 2d 153, 174, 388 N.W.2d 565 (1986), the States’ argument compels the court to reverse the suppression order:
¶9 Here,
Traffic Arrest – Probable Cause – Crossing Median
Village of Whitefish Bay v. David W. Czirr, No. 2010AP92, District I, 6/22/10
court of appeals decision (1-judge; not for publication); for Czirr: Rex Anderegg; BiC; Resp.; Reply
Driving across median, even for very brief period of time, establishes probable cause to arrest for traffic offense:
¶14 Next, Czirr does not specifically argue that momentarily being on top of the median cannot constitute a violation of WIS.
Probable Cause – OWI
Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10
court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply
¶5 Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, but failed to complete it; he denied drinking;