City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms.
Melton appeals his citation under § 346.48(1), which requires drivers to stop “not less than 20 feet” from a school bus when the bus has its red warning lights lit. (¶10). Given that the school bus driver testified that Melton passed him when his lights were flashing–and took a picture–COA easily affirms. (¶13). The statute is clear and unambiguous; although Melton appears to fault the driver for not first sufficiently lighting the yellow lights before stopping, COA finds that any such failure (if it occurred) is irrelevant. (¶15). Melton also argues that § 346.09(3)(b) permitted him to pass this vehicle under these circumstances. (¶17). However, even if Melton may have been permitted to pass, the plain text of the law requiring him to stop for red flashing lights is a superseding legal requirement which were not complied with in this instance. (Id.).
