Unlawful-stop Claim – Reasonable Suspicion

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Bartosz Mika

Case No.: 2019AP1488

Officials: GUNDRUM, J.

Focus: Unlawful-stop Claim – Reasonable Suspicion

Bartosz Mika appeals from an order revoking his driver’s license pursuant to WIS. STAT. § 343.305(10) for refusing to provide a requested breath sample following his arrest for operating a motor vehicle while intoxicated (OWI). Mika argues that the court entered the order in error because the traffic stop lacked the requisite reasonable suspicion and, thus, there was no lawful basis for it. Mika complains that, following the close of the State’s case, the court agreed with him that the State failed to establish reasonable suspicion for the stop but then erred in sua sponte reopening the evidence portion of the hearing, adjourning the matter and, at the continued hearing, allowing the State to put in additional evidence on reasonable suspicion. Mika also insists that even with that additional evidence, the State still failed to establish reasonable suspicion for the stop. For the following reasons, we affirm the circuit court

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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.