nc¡dent:

OWI/DIVI-Liquor 1st

Milw Cnty Sheriffs Office

ncident Fìeært Number:

11- 005893

qddress: l¡ddress, C¡ly, Slate, Zp)

lncident Lo€tion:

9s00 s E ï94

Employs

Name llast, F¡tsl, M¡ddle)

)FS Code- l :

5404

Employer Addres

)FS Code-5:

\ddrêss: l,4ddr€ss, Clty, S?ate, Zp)

W Rvan Rd, Oak Creek, Wf , 5'3 154

Employer

Name l¿asl, F¡ßi, Mlddle)

letwæn: Dale - ïms

:mployer Address

)FS Cod€-2:

IFS Code-6:

SUMI{ÀRY

RECKLESS ENDANGERMENT OF SAFETY,

PATTERSON, TOBY M/W 04/28l1980

lncident Report

IFS Code-3:

'-Jii)î,- I nrc

IFS Code-7:

)oB:

CFS Co&-4

CFS Codô-8:

o

DOB:

Bace/Sex

{ome Phone Number

owr 1sr v'rlPAss UNDER 16

oB/t3/2oL! 121s HoURS

.¡cens Numbe¡:

Driver

Work Phone Number

)lher V?lllllÍlñlõ?rnalkf n :

Cell Phone Number

leporllng Ofllæ(s):

Biro-Bauer, Dep Lisa M.

Race/Sex

y'shicle lnlormat¡on: (YeaL Make, Mdê|, Slyle, Cololl

2010, Jeep, Grand Cherokee,

lm€ Ræe¡ved:

12:16:00

Home Phono Number

)tate

ìeviewed by:

Brown. Lt William A.

^,/ork Phone Number

oÌooooIi

LrìÈoÀ

IL

)ell Phone Number

Exp¡ratlon Year:

201-L

nme Cleared:

Vln:

Unlt(s) Ass¡gned:

4 Door, Silver-Al-uminum

'ayroll Number

]-29948

'ayroll Number:

tL5752Pages:

ñcrc#

Copy To

Payroll Number:

Jgoo5!o!oazJI

lnsuranc€ Company:

ìeporl Oato:

10r.7

PP

I

ooul@\o(,

Milw Cntv Sheriffs Oflicencident Fìeport Number

11-005893

NÀRRATTVE

On Sunday, AugusÈ 13, 20t1, l, Deputy Lisa Biro-Bauer, badge#166, was assigned toduty in ful1 uniform as Squad #51 in a marked patrol car (vehicfe 150-353) in thePolice Services Bureau Patro] Division located aL 10190 West hlatertor¡¡n Pl-ank Roadin the City of Wauv/atosa, County of Mil-waukee. I was acting within my officialcapacity as a law enforcement officer when the folfowing incident occurred:

At L220 hours, I was patrotling south-bound east I 94, north of CTH BB/ RawsonAvenue in lane #3, pacing a vehicle at 72 mph, when a silver SUV Jeep sped by me

in lane #1 at a high rate of speed. I observed the ,Ieep changing laneserractical-Ìy, without signaÌing, causing other vehicLes Èo apply their brakes. Hisactions caused numereous motorists on the Mil-waukee County freeway system to takeevasive actions to avoid being struck by the subject's 'Jeep. His actionsendangered the safet.y of the motorists on t.he Milwaukee County freeway system,along with his 9 month o1d son, who was in the rear of Lhe .Teep strapped in a carseat. I attempted to catch up wit.h the Jeep who was exceeding the speed limit bytraveling over 90 mph. The posted speed limit is 65 mph. I activated my lights andsiren at Puetz Road, and the vehicles on the freeway began to puJ-1 over and moveto al-l-ow me to continue to follow the ,feep who had yet to even begin to sl-owdown. My squad reached a maximum of 103 mph in an attempt to stop the speeding,and reckless,Jeep. After activat.ing my emergency horn, the subject began to sl-owdown, and pulled over to the side of the road haphazardly, crossing over the goreon the Ryan Road on ramp, located in the City of Oak Creek, County of Milwaukee.The total distance before the ,Jeep stopped was 1.4 mife.

lnc¡dent Loætion:

9500 S E I94 W Ryan Rd, Oak Creek, WI, 53154

I notified th r of my location and it v/as a Silver 'Jeep bearing Illinoislicense pJ-ate I exited my squad and proceeded to the drivers side ofthe vehicle a tact r,t¡íth the driver. I introduced myself and asked him ifthere wâs any reason he woul-d be driving 90 mph, and weaving in and ouL of thelanes without signaling. The subject stated, "My son is sick. " I asked him whatwas h¡rong with hj-s son? He stated, ',My son has vomited, and I wanted to get him

.î":i:Î::-:ä"J:":j;":|",]i"nn,]"']::Ï:::':uu"iH,

Continuationlncident Date:

08/L3/ZOtt

Toby ,I . Patterson DOB

issuedhimat'icketfo@,andunsafe1anedeviation'Whi1eIwasinmysquad Patterson, came out of his vehícle, and I ordered him to return to hisvehj-cle. He pointed t.o the rear seat where his son was seated, and got inEo theback seat.

I exited my squad and re-approached the Jeep back door with intentions of issuingthe tickets, and to began to explain the tickets to Mr. PaLterson. At this time, Isme1led a strong odor of an alcohofic beverage emanating from Mr. Patterson'svehicle. Also, as I spoke more j-n length with Mr. Patterson, I observed his speechto be slurred. I asked Mr. Patterson if he had been drinking? Mr. Pattersonstated, "No, why would I be drinking with my son in the car?rr f ordered Mr.

ìeporllng Ofllcs(s):

Biro-Bauer, Dep Lisa M.

from a vatid Il-linois picture drivers l-icense asI wenL back to my squad, ran his name, and

lD Number

L1,5752O Numbêr Pagss::

20f7

Milw Cntv Sheriffs Officelnckjent Report Number

11-005893

PaEterson to remove his sunglasses, and observed his eyes Eo be bloodshot red, andglassy. f then ord.ered Mr. Patterson to give me his car keys and to remain in thevehicle. He complied with boEh orders.

I immediately conLacted dispatch and asked for a Deputy to perform a field test atmy locat.ion. Mr. PatLerson opened the rear door of the vehicl-e, and I againordered him to stay in Lhe vehicLe and he complied.

At 1245 hours, Squad #21, Deputy Bryan Lee arrived on the scene and conductedSLandardized FieId Sobriety TesLs on Mr. Patterson. He also administered aPrelimínary Breath Test on Mr. PaEterson. I was informed by Deputy Leethat Mr.Patterson had performed. poorly during the Standardized FieLd Sobriety TesEand registered a .24 on the breath test. Vlhile Deputy Lee conducted these tests, Imonitored the baby in the car seat, who did not smell J-ike vomit, and wasapparently a very happy baby.

At 1256 hours Patterson was taken into cust.ody. During an inventory searchr for anyvaLuables, six empty 200m1 bottLes of Smirnoff Vodka, six empty LL.2 oz of Mike'sHard. Lemonade, and two 23.5 oz of Mike's Harder Grape Punch, (one being half full,one being empty were found on the floor of the front passenger's side.

lnc¡dent Lo€tion:

9500 S E I94 lrl Ryan Rd, Oak Creek, Wf , 53154

At 1300, Deputy Lee contactedand explained what the situatiServices would. be notified regarding Lhe care of her child. Deputy Lee contagl$1].,

the ch other, and informed her of the situation- Iing in Wisconsin, and woufd be enroute to retrieie-

At L302, Squad # 50, Sergeant Steven \lazquez and Squad # 82, Deputy AndrewHalsEead. arrived on the scene. IL was deLermined t.hat Child Protective Serviceswould need t.o be contacted.

Continuation

At l-306, Squad # 409, Deputy David Al-cover-Saez arrived on the scene to takedigit.al photographs of the evidence found in the front passenger's side.

Mr. Patterson was advised he was under arresL for OWI. Mr. Patterson washandcuffed (double locked) and seated in the rear of my squad. The vehicle wastowed by Ray's Towing. Mr. Patterson staLed there were no addítional- val-uabl-esinside the vehicl-e other than the above l-isted, which a search of the vehicle

lncident Date:

08/13 /ZOtt

confirmed. The infantremoved by Deputy Andhis car seat.I then conveyed Mr. Patterson to Ehe substation inÈoximeLer room. In theintoximeter room Mr. Patterson was issued citation #Q044080-1 for Operating VfhiIeIntoxicaLed.I then read Mr. Patterson the statements and questions on the informing theaccused form. Mr. PaLterson agreed to submit to the intoximet.er test. The

the wife of Mr. Patterson,er that Child Protective

Bepollng Ofllce(s):

Biro-Bauer, Dep Lisa

that was in Lhe rear seat of the .Ieep waswas placed in Sergeant Vazquez's squad in

M.lO Number

]-1-5752lO Number Pag€s::

30f7

Milw Cntv Sheriffs Officencident Feporl Number

t_1-005893

20-minute observation hras starLed at 1403 hours and performed by Deputy Lee.Deputy Lee advised me that Mr. Pacterson had tested .242 atr l-434 hours.Mr. Pat.terson was issued citations:#Q044082-3 for Operating with a Prohibited Alcohof Concentration,#Q044079-0 for Unsafe Lane Deviation,#Q044083-4 for Keep Open Intoxicants in Mv-Driver, and#QO44078-6 for Speeding on Freeway (25-29 mph).Mr. Patt.erson was read his Miranda rights and refused to ansv/er the questionsthe alcohol/drug influence report. Mr. Patterson was given page l- and 2 of theNotice of Int,ent to Suspend Operating Privilege after it was explained to him.

lnc¡denl Locatlon:

9500 S E I94 W Ryan Rd, Oak Creek, WI, 53154

ATMr

1-443, Sarah DeChambre, from Chifd Protective Services arrived and interviewedPatterson.

At 1526, ived at theDeChambre, and the grandchild was turned

At 1639, I conveyed Mr. Patterson Lo the County Correctional- Facj-lity CenÈra1without incident.Mr. Pattt.erson was turned over to the CounLy Correctional- Facility Central andgiven an order in court. date of 09/08/20L1- aÈ 8:30 AIvI .

Squad # 20, LieutenanL l,rfilliam A. Brown wil-l be seeking felony charges on Mr.PaLterson, Monday, August 1-5, 2OLL, at the Milwaukee Count,y District Attorney'Office.A CAR report was submiÈted to my supervisor.

Continuationnc¡dent Oate:

o8l13 /zott

substaLion,over to

was interviewed by Sarah

ìeponlng Ofllæ(s):

Biro-Bauer, Dep Lisa M.lO Numb€r

115752O Numb€r 'ages::

4 of7

Milw Cntv Sheriffs OfficelnciJent Beport Number

11-005893

NA}ÍES

Offender

lncident Lo€tion:

9500 S E f94 W Ryan Rd, Oak Creek, WI

Booking#: 11-000898

Case# Charge Description ct=======================================================--======= ===========11-005893 346.63 (1) (a) Operating while InLoxicated 1

1l--00s893 346.63 (1) (b) Operating with PAC

l-1-005893 941.30 (l-) lst-Degree Reckl-essly Endange

Towíng CompanyRay's Towing of 833 W Waterford Ave,Business Phone:. (414) 48L-]-722

Relative- 1

s 3l_54

RelaÈí

Continuation

Arresting DeputyBiro-Bauer, Deputy Lisa M W/F af 82LlrTork Phone: (4L4) Zle-4788

Assistlng DeputyAlcover-Saez, Deputy David W/M of 82LWork Phone: (4!4\ Zle-4788

lnc¡d€nt Oate:

08/!3 /ZOtt

InEox OperatorLeê, Deputy Bryan w w/YI of 82LV'lork Phone1. (4I4) 278-4788

Milwaukee ,wI ,53227

Supervisorvazql¡ez, SLeven (Sgt) of 949 N 9th St, Milwaukee,WI ,53233

ìeportlng Ofllce(s):

Biro-Bauer, Dep Lisa M.

State St, Milwaukee,V'lI ,53233

lll State St, Milwaukee'WI,53233

State St, Milwaukee,WT, 53233

lD Numb€r

1]-5752O Number 'agss::

50f7

Milw Cntv Sheríffs Officelnc¡denl R€port Number

11-005893

Social WorkerDechambre, SarahI¡Iork Phone: (414)

ncldent Lo€tion:

9500

OTHER NÀ}ÍES

Milwaukee

S E I94 W Ryan Rd,

w/F of t2o5302-61_00

County Sheriff 's Office

Oak Creek, WI , 53154

70 Milwaukee, WI

Continuation

of 821 9'I State St, Milwaukee, htrI , 53233

lncldent Oate:

08/13 /ZOtt

ìàportlng Oflce(8):

Biro-Bauer, Dep Lisa M.D Numb€r

Lr5752lD Numb€r Pages::

60f7

Milw Cntv Sheriffs Officelncidenl Report Number

11-00s893

PROPERTY ],IST

Seq# Reason Make/Model Description/Serial# Quan/Value= = = = == ===== = = = = = == = = = == == --= = = = = = = = = = = =

1r_ - 0 016151 EVT 1 SQUAD CAMERA DVD 1

$1.00IRecovered]

lncident Lo€llon:

9s00 S E I94 W Ryan Rd, Oak Creek, WI , 531-54

EVT

EVI

EVI

1 CD CONTATNÏNGPHOTOS

STX EMPTY 2OO ML

SMIRNOFF VODKA

Gontinuationlncident Date:

oe/r: /zott

1 SIX PACK OF EMPTY GI.ASSBOTTLES OF MTKEIS HARD

LEMONADE

L 23 .5 OZ CANS OF MIKE'SFIARDER GRÄPE PUNCH, 1

EMPTY, ]- IIALF FULL

DIGITAI'

BOTTLES OF

1

$1.00IRecovered]

â

$1. 00IRecovered]

1

sr..00IRecovered]

IRecovered]

z

$1.00IRecovered]

Reporllng Ofllæ(s):

Biro-Bauer, Dep Lisa M.D Numbsr

1-157 52lD Numbor 'ages::

'7 of 7

lnc¡d€nt R€port Numbor

11-005893

Milw Cnty Sheriffs Office

l'¡ew lncident:

NÀRRÀTIVE

On Monday, August 15, 2OLt, I, Deputy Michaef Krznarich #670 was working for theMil-waukee County Sheriff's Office, in full duty uniform. I was assigned to theDetention Services Bureau, Courts Division, Traffic Liaison Office, when Lhefollowing occurred.

At approximately 1-216 hours, I at,Lended a charging conference at room 110 of theCriminaL Justice Facility ]ocated at 949 N. Sth Si, Milwaukee, WI , l,ûithAssistant District Attorney Ronald Dague and Lieutenant Wil-l-iam Brown regarding

lncidsnt L@tion:

9s00 s E Í94

a felony operating white intoxicated with a minor passenger charge against TobyPatterson W/Mcharged t.he case for felony second degree reckless endangering safety, operatingwhile intoxicated first wit.h pAC >.15, and PAC first with PAC >.15 based on theBAC level of .24 and, reports written by Deputy Lisa Biro-Bauer. A chargingconference tracking form was completed and copies of the complaint were handdelivered to the MCSO Command Scaff.

W Rvan Rd,)rig¡nal CFS Code - 1:

5404

Oak Creek, WI, 53154

Supplementary Report

of ADA Dague

,lew CFs code -1 :

nc o€n( u6t€:

8/aNew CFS Code - 2:

0 3 / 2ü-L

ìepodng OíhÊr(6) :

Brown, Lt William A.levlswod by:

Meverden, Capt Thomas A.tayroll Numbêr lCopy To:

t2e81-7 I

¡aymll NutrÈer:

]-29948teymll Numbø: lR€porr Dale:

loerre /2o1-'.

tor.2

Milw Cntv Sheriffs OfÍicelncldent Report Number

r_1-005893

NAMES

ProsecutorDague, Ronald S

Work Phone: (41-4)

lncldent Location:

9500

SupervisorBrewn, Lieutenant Wil-liam A!{ork Phone. (4I4) Zle-4788

S E I94 W Ryan Rd, oak Creek, WI, 531-54

Reportíng DeputyKrznarich, Deputy Michael!{ork Phone: (414) Zle-4788

w/ItI of 94927 I - 4646

9t.h St, Mif waukee, lrII ,53233

B/vt of 827

w/M of 821 W State st,

Gontinuation

State St, Mil-waukee

ncidenl Date:

08 /r.3 / zo:-]t

Milwaukee, lVI , 53233

wr, 53233

R€porUng Ofllcor(s):

Brown, Lt Will-iam A.lD Numb€r

L29948O Numb€r JAges::

2 of 2

rcldfft R€port Numb€r

11-005893

Milw Cnty Sheriffs Office

l¡ew lncidenl:

On Monday, AugusE 15, 2}tt, I, Deputy Michael Krznarich #670 was workingMil-waukee County Sheriff's Office, in fuff duty uniform. I was assignedDetention Services Bureau, Courts Division, Traffic Liaison Office, whenfollowing occurred.

At approximatety 1200 hours, I attended a charging conference at room 110Criminaf ¡usticà Facility located at 949 N. gth si, Milwaukee, wr, with

æld9¡t L€t¡on:

9500 s E r94

Assistant District Attorney Ronal-d Dague regarding a felony operÈg_v¡hile

W Rvan Rd, Oak Creek, I^lI , 53154

.24 and reports writ.t.en by Deputy Lisa Biro-Bauer. A charging conferencetracking form was completed and copies of the complaint were hand del-ivered tothe MCSO Command Staff.

)rig¡nal CFS Code - 1:

5404

Suppleme

New CFS Code -1, :

nta rylnc¡d€nl Dat€:

08/13 / ZO]-t

Report

New CFS Code - 2

for theLo t,hethe

of the

ìopodng Otlþe(3):

Krznarich,lsvlgYred by:

Brown, Lt William A.

IeveI

Dep Michael D.

of

tayrcll Number lcÐy To:

:2es48 I

,eyþll Nursq:

rLo22t,âyrcll l.lumbs: lR€gort Date:

loa /ß /zot'.

tof2

Milw Cntv Sheriffs Officelnc¡dent Beport Number

11-00s893

NA.IIÍES

Reporting DeputyKrznarich, Deputy MichaelI¡Iork Phone: (4L4) 278-4788

lncident Lo€tion:

9500

ProsecutorDague, Ronald vl/M of 949 N 9th St, MilwaukeeBusiness Phone: (414) 278-4646

SEI94WRyan Rd, Oak Creek, WI, 53154

tv/M of 82]- State SE, Mj-lwaukee,hlI ,53233

Continuationnc¡dent Dale:

08/13 /ZO]-]-

53233

ì€porllng Oflcs(s):

Krznaríc]:, Dep Michael D.0 Number

Ll022]'lD Number )sges::

2 of2

ncidsnt R€port Number

11-005893

Milw Cnty Sheriffs Office

t¡ew lrc¡dentr

NÀRRÀTIVE

On Saturday August 13 2011 whil-e workingPofice Services Bureau, Patrol Division

nciC€nt Læetlon:

9500 s E r94

At approximately 1230 hours, whil-e patrolin a marked squad (150-375) . I Deputy Brradio, to back up MCSO Squad # 51, DepuIocated, S/B E r 94 at w. Ryan Rd.

Upon my arrival there aL 1,245 hours, I \rr

bel-ieved the operator of the vehicle sheintoxicant. r observed this individual sback passenger door open. Deputy Biro-BaPatterson. I engaged in conversation witon ? Mr. Patterson informed me that hisvehicle had vomited and he was in a hurrMr. Patterson I observed him to have a sbreath. Mr. Patterson also spoke with a 'stil1 detect a slur with his speech. I abe swaying in a back and forth motion aswearing dark sunglasses at the time. I aplace them in his pockeL. At this time Ired, and gJ-assy. I asked Mr. Pat.terson if there vtas a reason his eyes werebl-oodshot and glassy. Mr. Patterson answered my question with a question."they are ?" I then informed Mr. Patterson, that Deputy Biro-Bauer would attend this son, as I instructed him on some field sobriety tests. Mr. Patterson statedrokil. I then positioned Mr. Patterson on the ftat distress ]ane which was clear o

debris. He was positioned wit.h his back to the squad cars. This was done so theemergency lights would not effect his performance on any of the requested tests.This also al-lowed me to monitor on coming traffic for our protection. I asked Mr-pat.terson if he attend.ed High School in the United States ? He stated he bothgraduated from High Schoof, and obtained his Doctorate in Australia. I asked Mr.patt.erson if they used the English alphabeL in Austral-ia ? He stated they did- Ialso asked Mr. Patterson if he had any physical limitations which would preventhim from performing any on the requested t.ests. He stated he did noL - I bothphysically demonstrated, and verbally explained each test to Mr. Patterson priorto having him attempt them. He acknowledged he understood my instructions when

asked.

W Rvan Rd, Oak Creek, WI , 531-54)riglnal CFS Code - 1:

1nAS

Supplementqry lePe4

full uniform and assigned to LheSquad # 21 the following took Place

{ew CFS Code -1 :

nc¡dent Oãls:

o8/13 / zottNew CFS Code - 2

See OhfI field notes

ìepodlng Olllctr(s) :

Lee, DeÞ Brvanìevlow€d by:

Brown, Lt William A.

w.tayroll Numb€r lCopy To:

r2se48 I

Payrûll Nur$er:

1-2lt]-5>aymll Numbsr: Repqt Oale:

08/1-4/20r'.

10f1

STATE OF WISCONSIN

STATE OF WISCONSIN

o 1, Plaintiff,vs/ J¡.

''J l\

."1;u/'f,r*','

' \',.-{ì, n )ì.,'' n-* {

"; ìl

"t'''4\

I

CIRCUIT COURTCRIMINAL DIVISION

rHE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATIONAND BELIEF STATES THAT:

count l: REGKLESSLY ENDANGERTNG SAFETY (sEcoND DEGREE)

The above-named defendant on or about Saturday, August 13,2011, at SB l-94/Ryan Rd, in theCity of Oak Creek, Milwaukee County, Wisconsin, did-recklessly endanger the sáfety of Wyatt(d.o.b. 111412011), contrary to sec. 94i.30(2),939,s0(3xg) wis. ótats.

Upon conviction for this offense, a Class G Felony, the defendant may be fined not more thanTwenty Five Thousand Dollars ($2S,OOO¡, or imprisoned not more than ien (10) years, or both.

COUNT 2: OPERATING WHILE INTOXICATED . lST OFFENSE, WITH A MINOR CHILD INTHE VEHICLE

The above-named defendant on or about Saturday, August 13,2011, at SB l-g4/Ryan Rd, in theCity of Oak Creek, Milwaukee County, Wisconsin, did operate a motor vehicle wñile under theinfluence of an intoxicant, and committed this offense wiin a minor child under the age of 16 asa passenger in the vehícte, contrary to sec. 346.63(r )(a), 346.65 (4if)1 wis. Stats.

Upon conviction for this offense, a Misdemeanor, the defendant shall be fined not less than$350 nor more than $1,100 and imprisoned for not less than b days nor more than 6 months.

COUNT 3: OPERATING WITH PROHIBITED ALCOHOL CONCENTRATION . 1ST OFFENSE,WITH A MINOR CHILD IN THE VEHICLE

fhe above-named defendant on or about Saturday, August 13,2011, at SB l-g4/Ryan Rd, in theCity of Oak Creek, Milwaukee County, Wisconsin, did õperate a motor vehicle witir a prohibitedalcohol concentration of 0.08 or more, to-wit: did have a breath alcohol reading (in'grams oialcohol in2l0litersof breath) of 0.24, andcommittedthisoffensewithaminorcn¡iOunOertneage of 16 as a passenger in the vehicle, contrary to sec. 346.63(1Xb), 346.6S(2Xf)1 Wis. Stats.

Upon conviction for this offense, a Misdemeanor, the defendant shall be fìned not less than$350 nor more than $ 1 ,1 00 and imprisoned for not less than 5 days nor more than 6 months.

And furthermore, invoking the provisions of Wisconsin Statute 343.301(g), the court shall ordera person's operating privilege for the operation of "Class D" vehicles bã restricted to operating

;,t 'ì

Defendant,

Complaining Witness:

M.K?zpaztcu t6+o

CRIMINAL COMPLAINT

DA Case No.:201 1 ML019604

Court Case No.:

MILWAUKEE COUNTY

llCt'srsç

Toby J Patterson, DOB: 04128/1980

vehicles that are equipped with an ignition interlock device and, except as provided in343.301(1m), shall order that each motor vehicle for which the person's name appears on thevehicle's certificate of title or registration be equipped with an ignition interlock devíce.

Complainant is a Milwaukee County Deputy Sheriff who bases this complaint upon thefollowing:

Milwaukee County Deputy Sheriff Lisa Biro-Bauer reports that at 12:20 p.m. on August 13,2011 , she was pacing an auto in lane #1 (far left lane) at72 m.p.h. while traveling south on l-94,north of Rawson Avenue. A silver Jeep SUV speed past the deputy's squad, in lane #2 (middlelane), at a high rate of speed. Deputy Biro-Bauer observed the Jeep changing lanes erratically,which caused other vehicles on the expressway to take evasive maneuvers. Video from thesquad shows the Jeep crossing from lane #2, into lane #3, then crossing to lane #1, all donewithout signaling. Deputy Biro-Bauer begins pursuit with lights and siren activated, however theJeep continues at speeds in excess of 90 m.p.h., from lane #1, crossing lane#2, and into lane#3, cutting in front of a pickup truck which braked to avoid the Jeep. The Jeep then cut in frontof a semi-truck trailer, back in lane #2. Deputy Biro-Bauer continued after the Jeep, with lightsand siren, at speeds in excess of 100 m.p.h., until the Jeep pulled over, afterthe Ryan Road on-ramp, in the City of Oak Creek, County of Milwaukee. The distance of the pursuit was 1.4 miles.

Deputy Biro-Bauer approached the Jeep and spoke withe was driving so fast, the defendant said that his sonwas sick and that he wanted to get him home. While sBauer detected the strong odor of an alcoholic beverage emanating from the defendant's breathand noticed that the defendant's speech was slurred and his eyes were bloodshot. Thedefendant denied drinking, "No, why would I be drinking with my son in the car?"

Deputy Bryan Lee arrived to assist and administered a series of Field Sobriety tests to thedefendant. The defendant did poorly on those tests, demonstrating impairment due tointoxicants. He did not correctly follow the directions for the exercises and was unable tomaintain his balance. A field preliminary breath test measured the defendant's breath alcoholconcentration a|0.24.

Page 2 of 3

Deputy Biro-Bauer checked on the welfare of the infantl!and saw no evidence that hehad vomited or was otherwise sick.

A subsequent search of the Jeep resulted in the recovery of six empty 20A ml bottles of SmirnoffVodka, six empty 11.2o2 of Mike's Hard Lemonade, and two 23.5 oz bottles of Mike's harderGrape Punch (one half full and one empty).

The defendant submitted a sample of his breath at 2:26 p.m., for testing into an lntoximeterEC/IR ll, which was administered according to proper procedures by Deputy Bryan Lee acertified intoximeter operator. The results of that test showed that the defendant had a breathalcohol concentration of 0.24 gl210L of breath. Maintenance records for that instrumentpursuant 343.305(6)(b)3 are available by calling (414) 278-4374.

Based upon the defendant's driving, his physical condition and his poor performance on the fieldsobriety tests, complainant believes that the defendant's ability to safely operate a motor vehiclewas impaired due to intoxicants, as described above. Further, that the level of impairment,

ïoby J Patterson, DOB: 0412811980

combined with the dangerous driving described above, at speeds in excess of 90 m.p.h.,endangered the safety oitne defendañt's ronlf

End of Complaint****

Subscribed and

Ronald S. DagueAssistant District Attorney1015746

to before me and approved for filing this 15th day of August, 2011 .

fv\ll -t +ø+oComplaining [Vitness

Page 3 of 3

lrln0l llnlulS J0 YU313

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i i i "llì.:'r