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Motor Vehicles – OWI — probable cause — tailgating

By: WISCONSIN LAW JOURNAL STAFF//November 4, 2014//

Motor Vehicles – OWI — probable cause — tailgating

By: WISCONSIN LAW JOURNAL STAFF//November 4, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause — tailgating

Arik Ulwelling appeals a judgment convicting him of operating a motor vehicle while intoxicated, third offense. Ulwelling argues the circuit court erroneously denied his motion to suppress evidence by finding probable cause existed for his initial detention based on a police officer’s perceived violation of Wis. Stat. § 346.14(1). That statute prohibits motor vehicle operators from following another vehicle “more closely than is reasonable and prudent” — commonly known as “tailgating.” We conclude the traffic stop was reasonable because the officer had probable cause to believe a violation of this statute had occurred. We therefore affirm. This opinion will not be published.

2014AP814-CR State v. Ulwelling

Dist III, Eau Claire County, Theisen, J., Hruz, J.

Attorneys: For Appellant: Singh, Sarvan, Sheboygan; For Respondent: Weber, Gregory M., Madison; Larson, Meri C., Eau Claire

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