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State v. Allain9/23/2004
The controlling facts as established at the suppression hearing are not in dispute. On March 26, 2003, at approximately 1:45 a.m., Dane County Deputy Sheriff Robert Ladik was driving south through the Town of Dunn on Highway 51 in an area where there is only one lane of traffic in each direction. Ladik first noticed Allain's vehicle at Schneider Drive. Ladik followed Allain for approximately seven-tenths of a mile to Charles Lane. As a northbound vehicle passed Allain and Ladik at the Highway 51/Charles Lane intersection, Allain's vehicle moved approximately six inches over the fog line. Allain's vehicle remained outside the fog line for approximately four or five seconds over a distance of approximately 400 feet or one-tenth of a mile. Allain was over the fog line primarily while going around an eastward curve in the highway. Allain returned to his lane and Ladik followed Allain's car for approximately another half mile. Ladik testified Allain did not swerve, cross the fog line, speed or drive erratically.
. Ladik testified that in his nine years experience as a police officer, he had conducted hundreds of traffic stops related to suspicion of intoxicated driving. Based on his training and experience, Ladik believed certain behaviors indicated somebody might be driving under the influence. Ladik believed crossing the fog line constituted a traffic violation and was a signal of reduced alertness and therefore activated his emergency lights to stop Allain's car. When Allain failed to respond to the emergency lights, Ladik then activated his emergency siren. After three more seconds, Allain began to slowly pull over and Ladik made contact with Allain. Ultimately, Ladik transported Allain to a medical examiner to have his blood drawn. The blood test revealed a blood alcohol concentration of .124 percent. Allain was eventually charged with OWI, third offense, operating a vehicle while having a prohibited blood alcohol concentration, third offense, and operating a motor vehicle while his operating privilege was revoked.
. Allain filed a motion to suppress all the evidence collected after the stop of his vehicle on the ground that he was detained in the absence of reasonable suspicion. Allain argued one instance of crossing the fog line when passed by an oncoming vehicle on a curve did not constitute reasonable suspicion. After a hearing, the circuit court denied the motion. Subsequently, Allain plead no contest to the charges of OWI, third offense, and operating a motor vehicle while his operating privilege was revoked. Allain was sentenced on September 29, 2003. Allain appeals.
STANDARD OF REVIEW
. When reviewing a circuit court's determination regarding the suppression of evidence, we will uphold the circuit court's factual findings unless they are against the great weight and clear preponderance of the evidence. State v. Richardson, 156 Wis. 2d 128, 137, 456 N.W.2d 830 (1990). Here, the facts are undisputed. Whether these facts add up to reasonable suspicion is a question of law we review de novo. See State v. Krier, 165 Wis. 2d 673, 676, 478 N.W.2d 63 (Ct. App. 1991).
DISCUSSION
. Allain makes two arguments: (1) crossing the fog line for a distance of approximately 400 feet was not a violation of Wis. Stat. § 346.13 and (2) when viewing the totality of the circumstances, the traffic stop was not based upon reasonable suspicion that a crime was being committed or was about to be committed. Thus, according to Allain, there was no legal basis for the traffic stop.
. The State argues Allain's deviation over the fog line constituted a violation of Wis. Stat. § 346.13(3). Further, the State argues Ladik had reasonable suspicion to initiate the traffi
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