(DOWNLOAD) "State v. forkes" by State of Wisconsin in Court of Appeals District II # Book PDF Kindle ePub Free
eBook details
- Title: State v. forkes
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 03, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1 The potential issue in this case is an interesting and novel one. We understand that issue to be whether a local traffic officer has authority to effectuate a stop of a vehicle solely based on a presumed violation of a local ordinance relating to vehicle equipment, which ordinance in turn is based on a department of transportation administrative rule rather than a statute. The trial court answered that question by holding that WIS. STAT.ch. 110, the chapter under which WIS. ADMIN. CODE§ TRANS. 305.15(5)(a)is made punishable, provides in particular part, that "[a]ll... law enforcement officers shall assist [the state traffic patrol] in enforcing [ch. 110]... and orders or rules issued pursuant thereto." WIS. STAT.§ 110.07(1)(b). The defendant in this case appeals this determination, arguing that localities have no authority to pass ordinances resulting in greater legal exposure to drivers than the statute promulgated by the legislature, and the officers stop in this instance was predicated on the errant local ordinance rather than any desire to assist the state patrol.
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