State v. Dimitrius Anagnos, 2011 WI App 118 (recommended for publication); for Anagnos: Barry S. Cohen; case activity; reversed, 2012 WI 64 Traffic Stop – No Turn Signal Failure to use a turn signal where neither traffic nor pedestrians are present doesn’t support a traffic stop: ¶9 Wisconsin Stat. § 346.34(1)(b) states that a driver must use a… Read more
B. Chs. 343-346: Traffic offense
State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11 court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his… Read more
State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11 court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution. ¶7 We hold that… Read more
County of Brown v. Eric J. Schroeder, 2010AP2967, District 3, 6/7/11 court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity Following OWI arrest and blood test result over the limit, Schoeder’s license was administratively suspended. The police, however, failed to provide him with the form explaining the suspension review process, contrary… Read more
City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11 court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity ¶9 Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and… Read more
County of Milwaukee v. James R. Matel, 2010AP1950, District 1, 5/24/11 court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity Personal jurisdiction may be conferred on an OWI-1st defendant by mailing the uniform traffic citation, coupled with filing of the citation with the trial court. Personal service isn’t required by… Read more
Columbia County v. Mark Devos, 2010AP2349, District 4, 5/19/11 court of appeals decision (1-judge, not for publication); for Devos: Rex Anderegg; case activity The DOT Informing the Accused form that was read to Devos contained language beyond that specified in § 343.305(4): “In addition, under 2003 Wisconsin Act 97, your operating privileges will also be suspended if… Read more
State v. Jenny L. Nowak, 2010AP1499-CR, District 3, 5/17/11 court of appeals decision (1-judge, not for publication); for Nowak: Keith F. Ellison; case activity Warrantless entry into Nowak’s garage was justified under hot pursuit doctrine, given “probable cause to believe Nowak committed a jailable offense—specifically, resisting by failure to stop,” § 346.17(2t) (punishable by 9 months imprisonment), ¶15… Read more
