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Motor Vehicles – OWI — stop and detention — failure to wear seat belt
By: WISCONSIN LAW JOURNAL STAFF//October 20, 2011//
Motor Vehicles – OWI — stop and detention — failure to wear seat belt
By: WISCONSIN LAW JOURNAL STAFF//October 20, 2011//
Listen to this articleWisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — stop and detention — failure to wear seat belt
Steven Cushman appeals a judgment of conviction entered for operating a motor vehicle while intoxicated (OWI), first offense. Cushman argues that the circuit court erred in denying his motion to suppress. The court ruled that the state trooper had probable cause to stop Cushman’s vehicle after observing that Cushman was not wearing a seat belt. We disagree with Cushman and conclude that the circuit court properly denied Cushman’s suppression motion. We therefore affirm. This opinion will not be published.
Dist IV, Grant County, Van De Hey, J., Higginbotham, J.
Attorneys: For Appellant: Smerlinski, John, Madison; For Respondent: Riniker, Lisa A., Lancaster
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