Legal Opinion

County of Dane v. Sharpee

Court of Appeals of Wisconsin

Decided January 25, 1990No. 89-1282PublishedCited by 8 opinions

1Opinion of the CourtEich, C.J.

Gerald P. Sharpee appeals from a judgment convicting him of operating a motor vehicle while intoxicated, contrary to a Dane County ordinance adopting sec. 346.63(1), Stats. The issue on appeal concerns only Sharpee's arrest: Is an arrest on probable cause for driving while intoxicated voided per se by a preliminary breath test, administered on the scene, that indicates a blood alcohol content of .01 percent? We conclude that it is not, and we therefore affirm the judgment.

The facts are undisputed. Dane County Sheriffs Deputy Lori Rortvedt stopped Sharpee's automobile in the early morning…

2Cases cited6 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. State v. PaszekWisconsin Supreme Court · 1971
  3. United States v. Cielo Marin-Buitrago, Tomas William MoralesCourt of Appeals for the Second Circuit · 1984
  4. Village of Elkhart Lake v. BorzyskowskiCourt of Appeals of Wisconsin · 1985
  5. State v. SaylesWisconsin Supreme Court · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. WilleCourt of Appeals of Wisconsin · 1994
  2. State v. LongcoreCourt of Appeals of Wisconsin · 1999
  3. State v. BrownCourt of Appeals of Wisconsin · 2013
  4. County of Milwaukee v. EagleCourt of Appeals of Wisconsin · 2005
  5. State v. Dean M. BlattermanWisconsin Supreme Court · 2015

3 more not listed; retrieve them via the Exa API.

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