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STATE v. BATT

No. 2009AP3069-CR.

793 N.W.2d 104 (2010)

2010 WI App 155

STATE of Wisconsin, Plaintiff-Respondent, v. Lee Anthony BATT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed October 6, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Chad A. Lanning of Lanning Law Offices, LLC of West Bend.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Anne C. Murphy , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

BROWN, C.J.

¶ 1 Lee Anthony Batt is appealing his sixth operating while intoxicated conviction on two separate grounds. First, he claims that there was no reasonable suspicion to pull him over because the police based the initial stop on an anonymous tip that was not sufficiently corroborated. Second, Batt claims that the police did not afford him a reasonable opportunity to obtain a third test of his choice for intoxication as required by WIS. STAT. § 343...

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