OWI – Reasonable Suspicion

By: Derek Hawkins//June 18, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Kelly W. Brown

Case No.: 2018AP2382-CR

Officials: KLOPPENBURG, J.

Focus: OWI – Reasonable Suspicion

Kelly Brown appeals a judgment entered on his no-contest plea to operating while intoxicated (OWI), second offense, and an order denying his motion to reconsider the circuit court’s ruling denying his motion to suppress evidence. He challenges whether the officer had reasonable suspicion to believe that Brown’s vehicle was operating on a highway with more than four headlamps lit in violation of WIS. STAT. § 347.07(1), which provides that “not more than a total of 4 [lamps] on the front of [a] vehicle shall be lighted at any one time when [the] vehicle is upon a highway.” I conclude that the circuit court properly denied the motion to reconsider and accordingly affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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