Motor Vehicles – OWI

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause — mistake of law

Donald D. Laufer appeals from a judgment of conviction for operating a motor vehicle while intoxicated entered upon his guilty plea following the denial of his suppression motion. Laufer argues that the trial court erred by concluding that the stop leading to his arrest was supported by probable cause to believe that Laufer was violating Wisconsin’s vehicle registration laws. In its supplemental brief, the State concedes that the officer’s reason for the traffic stop, which also served as the basis for the trial court’s suppression decision, was based on a mistake of law. The State offers an alternative ground on which to affirm the trial court’s decision, namely, that Laufer’s license plate was obstructed in violation of Wis. Stat. § 341.15(2) and (3) (2011-12). We agree with the parties that the traffic stop was based on a mistake of law and was therefore not supported by probable cause.

We also conclude that the circuit court record does not contain sufficient facts to support the State’s new theory and we reverse. This opinion will not be published.

2012AP915-CR State v. Laufer

Dist II, Washington County, Pouros, J., Per Curiam

Attorneys: For Appellant: Singh, Sarvan, Sheboygan; Murray, Matthew, Sheboygan; For Respondent: Tarver, Sandra L., Madison; Bensen, Mark, West Bend