 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Kratochwill3/16/2000
ratochwill had slurred speech and bloodshot, glassy eyes. Further, when Visser asked him to exit the truck, Kratochwill was unsteady on his feet and staggered. Finally, Visser noticed that Conley, who was sitting in the passenger side of the vehicle, had a cut above her left eye and had a lot of blood on her shirt. At that point, Visser had reasonable suspicion to justify further investigation and detention of Kratochwill. See, e.g., County of Dane v. Campshure, 204 Wis. 2d 27, 32, 552 N.W.2d 876, 878 (Ct. App. 1996) (a police officer had a reasonable suspicion that a motorist had been driving while intoxicated where that motorist was asleep in his vehicle, had an odor of alcohol emanating from him, and bloodshot eyes); State v. Krause, 168 Wis. 2d 578, 587-88, 484 N.W.2d 347, 350 (Ct. App. 1992) (the police had reasonable suspicion of OMVWI where a motorist drove on the wrong side of the highway, had a strong odor of intoxicants on his breath, slurred his speech and had bloodshot eyes). Therefore, we conclude that the evidence that Kratochwill was driving under the influence was properly admitted.
CONCLUSION
. Because the officer exhibited no physical force or show of authority when he approached Kratochwill's vehicle, which had voluntarily stopped in the parking lot of a closed gas station, we conclude that Kratochwill was not seized within the meaning of the Fourth Amendment, until after the officer had reasonable suspicion to do so. Therefore, the evidence obtained was properly admitted and accordingly, we affirm the judgment of the circuit court.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
Page 1 2 3 Wisconsin DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|