State v. Brynton C. Foston, 2022AP387, 9/14/22, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)
An officer saw Foston driving without headlights between 2:00 and 3:00 a.m. and activated his emergency lights. Foston didn’t stop. He accelerated, pulled into his driveway, and stumbled as he tried to reach his back door. The officer started giving commands, and Foston, who had bloodshot eyes and slurred speech became argumentative. There was no dispute that the initial stop for a traffic violation was lawful. Based on the totality of the facts just described, the court of appeals held that the officer also had strong reasonable suspicion to extend the stop to investigate a possible OWI, pursuant to State v. Betow, 226 Wis. 2d 90, 94, 593 N.W.2d 499 (Ct. App. 1999).
