Traffic Stop – Motion to Suppress

By: Derek Hawkins//September 15, 2015//

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Criminal

WI Court of Appeals – District II

Officials: REILLY, P.J.

Traffic Stop – Motion to Suppress

2015AP701-CR State of Wisconsin v. Manuel Talavera

Manuel Talavera appeals an order denying his motion to suppress evidence. He argues that when relying on a violation of WIS. STAT. § 346.34(1)(b) to justify a warrantless traffic stop, the State must present evidence that a defendant’s failure to signal prior to turning his vehicle actually affected other traffic. We affirm as the plain language of the statute requires motorists to signal impending turns whenever “other traffic may be affected by the movement.” Evidence that Talavera failed to signal prior to turning when there was a vehicle following him at a distance of two car lengths was sufficient to provide reasonable suspicion of a § 346.34(1)(b) violation.

Decision

Affirmed.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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