Motor Vehicles – OWI

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — reasonable suspicion

Nick Lutter appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense (OWI), and challenges an order denying his motion to suppress. Lutter argues on appeal that a state trooper lacked reasonable suspicion to stop his vehicle because the circuit court’s finding that a video recording of the incident began after Lutter crossed over the fog line two times is clearly erroneous. According to Lutter, the circuit court’s finding is clearly erroneous because the trooper testified that Lutter twice crossed over the fog line before Lutter passed Brookfield Road, and the video recording begins before Lutter passed Brookfield Road and does not show that Lutter crossed over the fog line. We conclude that the circuit court’s finding was not clearly erroneous because Lutter’s claim that the video recording began before he passed Brookfield Road, and thus before he allegedly crossed over the fog line, is not supported by the video recording itself or any other evidence in the record. Because Lutter makes no other arguments as to why the trooper lacked reasonable suspicion to stop his vehicle, we affirm. This opinion will not be published.

2012AP2586 State v. Lutter

Dist II, Waukesha County, Dorow, J., Higginbotham, J.

Attorneys: For Appellant: Cotton, Anthony, Waukesha; For Respondent: Weber, Gregory M., Madison; Schimel, Brad, Waukesha; Bayer, Bryan C., Waukesha