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Village of Twin Lakes v. Hansen4/19/2000
Cornelia G. Clark Clerk, Court of Appeals of Wisconsin
This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports.
A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62.
APPEAL from a judgment and an order of the circuit court for Kenosha County: MARY KAY WAGNER-MALLOY, Judge. Affirmed.
.
Donald F. Hansen asserts that there was insufficient evidence presented at the hearing on his motion challenging the probable cause to arrest him for drunk driving . We affirm because there was sufficient evidence to support the conclusion of a reasonable officer that Hansen was operating a vehicle while intoxicated.
. Hansen was cited by Village of Twin Lakes Officer Timothy Becker for a first offense operating a motor vehicle while intoxicated contrary to Village Ordinance § 10.04.020(a) adopting Wis. Stat. § 346.63(1)(a). Hansen filed a motion to suppress evidence due to a lack of probable cause to support his arrest. After a brief evidentiary hearing, the circuit court denied the motion. Later, the parties stipulated to the facts, and the circuit court found Hansen guilty. This appeal ensued.
. Becker was the sole witness at the evidentiary hearing. The officer was on routine patrol when he saw the vehicle being operated by Hansen straddle the center line for three or four car lengths. Becker testified that Hansen stopped appropriately at a stop sign and did not drive erratically when he left the stop sign. After he left the stop sign, Becker activated his emergency lights and stopped Hansen, who properly stopped his vehicle. As Hansen left his vehicle, Becker noted that " is balance was very unsteady." When Becker talked with Hansen he detected "a strong odor of alcohol on his breath and person," and his speech was slurred. Becker testified that when he asked Hansen if he knew why he had been stopped, Hansen "just went ugh, ugh, like that, and threw his hands up like he had no idea." After Hansen admitted that he had had a couple of beers, Becker asked him to perform field sobriety tests.
Q Did he pass those field sobriety tests?
A No, he didn't.
Q Do you recall how many field sobriety tests you had Mr. Hansen perform?
A I believe there were three.
Q Did he pass any of them?
A No.
Q And what did you do at that point?
A At that point I stopped testing and placed him under arrest for operating a motor vehicle while under the influence of an intoxicant.
MR. LEWIS [Village Attorney]: I don't have any further questions, Your Honor.
. At the close of the hearing, Hansen conceded that Becker had a reasonable articulable suspicion for the initial traffic stop. But, he argued that there was insufficient evidence to show that Becker had probable cause for an arrest. The circuit court denied the motion to suppress, stating:
That after administering three sobriety tests to Mr. Hansen, the officer's assessment was that he failed those tests. He observed the slurred speech, an admission of having had a few beers, a strong odor of alcohol and poor balance. Based on that, the Court does believe that he had probable cause to arrest.
. On appeal, Hansen again concedes that there was a reasonable, articulable suspicion that supports the initial traffic stop. He contends that the Village did not meet its burden of establishing probable cause for the arrest. He insists that without evidence of the officer's ob
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