2009AP2561-CR State v. Hoehne

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Motor Vehicles
OWI; probable cause

Jerome Hoehne appeals a judgment of conviction for operating while intoxicated, third offense, on a plea of no contest following the circuit court’s order denying his motion to suppress evidence. The circuit court denied Hoehne’s suppression motion on grounds that probable cause existed to stop Hoehne for driving in the center lane of a three-lane roadway, contrary to Wis. Stat. § 346.13(2).

Hoehne argues the trial court erred in denying his suppression motion because the undisputed facts do not support probable cause to believe that he was in violation of Wis. Stat. § 346.13(2). In response, the State concedes that Hoehne did not violate § 346.13(2), and we agree. The State argues that the stop was nonetheless justified, however, because there was reasonable suspicion to believe that Hoehne was operating his vehicle while intoxicated. We disagree, and conclude that the totality of the circumstances did not provide a legal basis for the stop. We therefore reverse. This opinion will not be published.

2009AP2561-CR State v. Hoehne

Dist IV, Grant County, Curry, J., Higginbotham, J.

Attorneys: For Appellant: Ginsberg, Bill, Madison; For Respondent: Weber, Gregory M., Madison; Riniker, Lisa A., Lancaster

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