Madison Police officer asks court to throw out evidence in drunk - WKOW 27: Madison, WI Breaking News, Weather and Sports

Madison Police officer asks court to throw out evidence in drunk driving case

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Kelly Hoeft Kelly Hoeft

MADISON (WKOW) - A Madison Police officer is asking a court to throw out evidence against her in a drunk driving case involving a child passenger.

In motions filed in Dane County court, Kelly Hoeft says fellow officer Samuel Brier violated her right against self-incrimination, when his interrogation continued, even after the off-duty Hoeft disclosed to him how much she had been drinking when he questioned her June 1.

Hoeft also maintains Brier's brief observation of her driving onto her home's driveway was legally insufficient to corroborate citizen tips that her van had driven erratically and mowed down two street signs.

In court motions, Hoeft also says Brier lacked the exigent circumstances needed to come on to her property and pursue his drunk driving investigation.

Hoeft is asking all evidence obtained by Brier and another officer be thrown out, including a breath-test showing her blood alcohol level was three times Wisconsin's legal limit for drinking and driving.

Authorities say Hoeft drunkenly hit the signs in a road median and drove to her nearby home with a five year old passenger.  She's facing a criminal traffic charge for this alleged, first offense operating while intoxicated (OWI) because she had a passenger under the age of sixteen.

Hoeft remains an active duty police officer, assigned to a patrol shift.


Hoeft's originally scheduled November trial has been delayed, to allow a judge's decision on her motions Dec. 12.

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