GREEN BAY (NBC 26) — Douglas Proehl, the man charged in connection with a deadly Ashwaubenon crash that claimed the life of a teenager, has filed a motion seeking to suppress the sobriety tests conducted after the crash.
Prosecutors charged Proehl following a Jan. 30 crash that killed Chloe Bishop.
The motion argues police violated Proehl’s constitutional rights by requiring him to perform field sobriety tests after he was effectively in custody and had requested an attorney.
According to the filing, officers transported Proehl to the Ashwaubenon Public Safety Department after the crash, where he was placed in a locked squad car inside a secured police garage with multiple officers present.
Defense attorneys say Proehl invoked his right to counsel after being read his Miranda rights, but officers continued the investigation and requested field sobriety testing.
The defense argues the tests were not voluntary because Proehl was not free to leave and had already been placed in “constructive custody.”
Attorneys also argued the tests forced Proehl to give police evidence against himself after he was already in custody. They said the exercises could reveal balance, coordination and possible impairment that would not normally be obvious through casual observation.
The motion asks Brown County Judge Marc Hammer to throw out any evidence gathered after the field sobriety tests, including anything derived from them.
A hearing on the motion is scheduled for Sept. 3.
