Reasonable Suspicion – Traffic Stop

Outagamie County v. Daniel C. Torreano, 2010AP978, District 3, 11/2/10

court of appeals decision (1-judge, not for publication); for Torreano: Chad A. Lanning; BiC; Resp.; Reply

¶8 While this case also presents a relatively close call, we agree with the circuit court that the stop was supported by reasonable suspicion. That Torreano was observed driving in the early morning hours, within forty-five minutes of “bar time,” is a highly significant factor. This factor is even more significant given that it was a Saturday night / Sunday morning. Additionally, Torreano was observed first favoring the right side of the lane, apparently deviating a few inches either way such that his tires touched the fog line, moved off, then on, then off, then on, then off, and the vehicle then continued moving gradually to the left and favored that side of the lane, with its tires on the fog line, then off, and then on again. Torreano’s favoring one far side of the lane, and then moving across and favoring the other far side of the lane within a half-minute, when observed at about 3:10 or 3:15 in the morning, was sufficient to create a reasonable suspicion that he was driving while intoxicated.