Jeffrey A. Jacobi v. Wisconsin
CriminalProcedure
Whether it is reasonable for police to infer that a driver was intoxicated at the time of a collision based solely on the fact that the driver was found to be intoxicated some time later at the scene of the collision, when another witness did not report observing any signs of intoxication at the time of the collision
QUESTION PRESENTED Where one driver involved in a vehicle collision did not report to police that she observed any behavior by the other driver (Jacobi) to suggest that Jacobi was intoxicated at the time of the collision; is it reasonable for police to infer that Jacobi was intoxicated at the time of the collision because, some twenty minutes later, Jacobi came back to the scene and was found to be intoxicated?