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Motor Vehicles – speeding — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//April 26, 2012//

Motor Vehicles – speeding — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//April 26, 2012//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – speeding — sufficiency of the evidence

Bret Liederbach appeals from a conviction of speeding in violation of Wis. Stat. § 346.57(4)(gm), which provides, in part, that “no person shall drive a vehicle at a speed in excess of …. [s]ixty-five miles per hour on any freeway or expressway.” After a trial to the court, the circuit court found that Liederbach drove his motorcycle at a speed of 100 miles per hour on the interstate highway in a 65-mile-per-hour zone.

On appeal Liederbach does not contest the sufficiency of the evidence to establish a violation of § 346.57(4)(gm). Specifically, he does not argue that the evidence was insufficient to show he exceeded a speed of 65 miles per hour. However, Liederbach contends that the circuit court’s finding that he was speeding at a rate of 100 miles per hour is not supported by credible evidence. Thus, Liederbach contests the applicability of Wis. Stat. § 343.30(1n), which provides that “[a] court shall suspend the operating privilege of a person for a period of 15 days upon the person’s conviction by the court of exceeding the applicable speed limit as established by s. 346.57(4)(gm) … by 25 or more miles per hour.” (Emphasis added.) He also contests the applicability of § 343.32(2)(b), which provides that for each speeding conviction, the driver shall be assigned “6 demerit points for exceeding the lawful speed limit by 20 or more miles per hour.” (Emphasis added.) We disagree that the court’s finding that he was traveling 100 miles per hour is not supported by credible evidence, and therefore we affirm. This opinion will not be published.

2011AP2853 State v. Liederbach

Dist IV, Jefferson County, Koschnick, J., Vergeront, J.

Attorneys: For Appellant: Witt, Michael C., Jefferson; For Respondent: Happ, Susan V., Jefferson; Beck, Theresa A., Jefferson

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