(Download) "County of Winnebago v. Roepke" by State of Wisconsin in Court of Appeals District II ~ eBook PDF Kindle ePub Free
eBook details
- Title: County of Winnebago v. Roepke
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 11, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1 Jack W. Roepke appeals his operating while intoxicated conviction by claiming that probable cause to arrest was largely based on a positive Preliminary Breath Test (PBT) reading and that, because the deputy lacked the threshold facts that must exist before a law enforcement officer may request a PBT, there was insufficient probable cause. But we hold that since Roepke was in a roll-over accident while speeding, had alcohol on his breath, and admitted to drinking, there existed "a quantum of proof greater than the reasonable suspicion necessary to justify an investigative stop ... but less than the level of proof required to establish probable cause for arrest." County of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999). Thus, under Renz, the deputy had authority to request that Roepke take a PBT. We affirm.