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Speeding -Legal Justification

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Richard Joseph Jacobson

Case No.: 2021AP001626

Officials: Hruz, J.

Focus: Speeding -Legal Justification

Jacobson was stopped by Wisconsin State Patrol Trooper Jody Wood speeding at a speed of eighty-five miles per hour in a seventy-mile-per-hour speed zone, per a speed gun. Jacobson admitted to speeding, but claimed that he did so to avoid a possible crash with another driver whom he believed was veering into his lane. Wood ultimately issued Jacobson a citation and imposed a fine of $200.50. Jacobson later entered a not-guilty plea to the charge. Jacobson appeals a judgment entered on a speeding citation. Jacobson argues that the circuit court erred by rejecting his argument that he had a legal justification to speed. According to the appeals court, Jacobson provided no cogent explanation as to why he was unable to reduce his vehicle’s speed—and therefore not violate the speed limit—instead of accelerating. The appeals court conclude that no defense applies under the facts in this case, and that the court did not err by finding Jacobson guilty of speeding.


Decided 05/16/23

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