By: WISCONSIN LAW JOURNAL STAFF//October 8, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — littering
Jeramy Qualls appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), second offense. An officer pulled Qualls over because the officer was following Qualls when a cigarette butt hit the officer’s windshield. Qualls moved to suppress the evidence, arguing that the officer did not have probable cause to stop him because the officer was mistaken about the law regarding whether ash is litter under the municipal ordinance. The officer’s testimony supports probable cause to pull Qualls over for littering, and we affirm. This opinion will not be published.
Dist II, Kenosha County, Wilk, J., Neubauer, P.J.
Attorneys: For Appellant: Rose, Christopher William, Kenosha; For Respondent: Weber, Gregory M., Madison; Kraus, James Steven, Kenosha; Hinshaw, Jerrold Alan, West Allis