San Francisco DUI Attorney Case Law Updates

 Posted on January 31, 2013 in DUI

The Legality Of The Police Stop Is Held Relevant To The "Lawful
Arrest" Issue Presented In License Suspension Hearings
Wisconsin v. Anagnos (2012)
Wisconsin Supreme Court (No. 2010 AP19812)
___ N.W.2d ___ (2012 WL 2378548)

Wisconsin’s refusal hearing statute allows a licensee to contest whether he was lawfully arrested. As part of this challenge, he may properly contend that the arrest was unlawful because the traffic stop that preceded it was not justified by probable cause or reasonable suspicion.

This decision is good persuasive precedent for California lawyers handling DMV administrative per hearings.