2010AP596-CR State v. Reierson

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Motor Vehicles
OWI; probable cause; good faith mistake

Andrew Reierson appeals his judgment of conviction for operating while intoxicated (OWI), third offense, and an order denying his motion to suppress evidence. Reierson challenges the lawfulness of the traffic stop that led to his arrest, arguing the circuit court erred in concluding the officer had probable cause to stop him for operating a vehicle with an excessively noisy muffler, contrary to Wis. Stat. § 347.39(1). Regardless, whether probable cause existed to stop Reierson for a violation of § 347.39(1), we conclude the stop was lawful because the officer had probable cause to stop Reierson for operating with an expired registration, contrary to Wis. Stat. § 341.04(1), based on the officer’s good-faith mistake of fact in misreading Reierson’s license plate number. We therefore affirm the order denying Reierson’s suppression motion, and the judgment of conviction. This opinion will not be published.

2010AP596-CR State v. Reierson

Dist IV, Rock County, Fitzpatrick, J., Higginbotham, J.

Attorneys: For Appellant: Smerlinski, John, Madison; For Respondent: White, Thomas G., Janesville; Weber, Gregory M., Madison

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