City of Oshkosh v. Eric Carley, 2012AP2043, District 2, 2/13/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police officer had probable cause to stop Carley after he saw Carley drive in the left lane to go around a turning vehicle, but did so within several car lengths of oncoming traffic before moving back into the right lane. (¶2). The officer’s observations gave him probable cause to stop Carley because he had reason to believe Carley had violated Wis. Stat. § 346.05(1) and (1)(b), which provides that “the operator of a vehicle shall drive on the right half of the roadway … except … [w]hen overtaking and passing under circumstances in which the rules relating to overtaking and passing permit or require driving on the left half of the roadway”; and Wis. Stat. § 346.09, which prohibits driving to the left of center in overtaking another vehicle unless the left lane is “free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety.” (¶¶6-7).
