By: WISCONSIN LAW JOURNAL STAFF//February 1, 2012//
Wisconsin Supreme Court
Criminal
Fleeing an Officer — good faith
There does not exist a subjective, good-faith exception to the fleeing an officer statute.
“Based on the conduct necessary to show a ‘willful’ disregard, we decline to read Wis. Stat. § 346.04(3) as providing a good faith exception to compliance. The statute requires: a subjective understanding by the defendant that a person known by the defendant to be a traffic officer has directed the defendant to take a particular action, and with that understanding, the defendant chose to act in contravention of the officer’s direction. This requirement does not include a showing that the defendant had an evil or scornful state of mind.”
Affirmed.
Roggensack, J.
Attorneys: For Appellant: Henak, Robert R., Milwaukee; Lanning, Chad A., West Bend; For Respondent: Zapf, Robert D., Kenosha; St. John, Rebecca Rapp, Madison