Your Rights in a Traffic Stop: Is Drowsiness Enough for Reasonable Suspicion?

A recent Wisconsin Supreme Court decision has shed new light on an important question for drivers: Is drowsiness alone sufficient for reasonable suspicion in a traffic stop? Understanding your rights during traffic stops is paramount for all motorists, especially in light of evolving legal interpretations. The following is an explanation of this significant ruling and what it means for your rights on the road.

The Case: State v. Wiskowski

In State v. Wiskowski, the Wisconsin Supreme Court ruled that a police officer who observed no signs of drowsiness or intoxication after stopping a driver was not justified in extending the traffic stop and ordering the driver out of the car.

The facts of the case are straightforward:

• Michael Wiskowski fell asleep in his truck at a McDonald's drive-through around 1 p.m.
• An employee called the police, and Officer Devin Simon responded.
• Simon observed Wiskowski drive away normally and commit no traffic violations but pulled him over anyway.
• During the initial interaction, Simon noticed no signs of impairment or drowsiness.
• After running Wiskowski's record and finding prior OWI convictions, Simon extended the stop and ordered Wiskowski out of the vehicle.

The Court's Ruling

The Wisconsin Supreme Court ruled that the extension of the traffic stop was not justified. Here's why:

• Reasonable Suspicion: The court held that mid-day drowsiness alone, without any other indicators of impairment, is not enough to establish reasonable suspicion.
• Community Caretaker Function: Even if the initial stop was justified under the community caretaker exception, the extension of the stop was deemed unreasonable because Wiskowski showed no signs of tiredness or medical emergency during the initial interaction.

What This Means for Your Rights

This ruling reinforces important principles that protect your rights during traffic stops:

• Police need reasonable suspicion to initiate a traffic stop.
• Drowsiness alone is not sufficient for reasonable suspicion.
• Even if a stop is initially justified, police cannot extend it without developing additional reasonable suspicion during the stop.

Protecting Your Rights

If police stop you, remember:

• Remain calm and cooperate but know your rights.
• You have the right to remain silent beyond providing basic information.
• If asked to exit the vehicle, do so calmly, but remember that this action requires justification.
• Pay attention to the officer's actions and statements, as they may be important if you need to challenge the stop later.

When to Seek Legal Help

If you believe your rights were violated during a traffic stop or you're facing charges stemming from a potentially unlawful stop, it's crucial to consult with experienced criminal defense attorneys. At Cohen Law Offices, we have over 47 years of experience defending clients in Northwest Wisconsin against various criminal charges, including OWI/DUI cases.

Our approach is to prepare every case as if it will go to trial, which means we're always more prepared than the prosecution. We understand the significant hardships that criminal charges can cause, from job loss to community stigmatization, and we're committed to standing up for our clients during these difficult times.

If you're facing criminal charges or believe your rights were violated during a traffic stop, don't fight this battle alone. Contact Cohen Law Offices at (715) 814-8058 for a consultation. We're your local legal leaders, and we are in your corner.