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Fleeing an Officer — good faith

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2012//

Fleeing an Officer — good faith

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2012//

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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.

2008AP2759-CR State v. Hanson

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

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