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State v. Kim R. Kallenberg, 2011AP276, District 2, 8/17/11

court of appeals decision (1-judge, not for publication); for Miller: Kirk B. Obear, Casey J. Hoff; case activity

Lane deviation unaccompanied by signal provided adequate basis for stop.

¶8        We hold that there was probable cause that Kallenberg violated Wis. Stat. §§ 346.13(1) and 346.34(1)(b).  A driver preceding another has the duty to use the roadway in the usual manner with proper regard for all others using that road and to “properly signal his intentions to deviate from his line of travel.”  Burlison v. Janssen, 30 Wis. 2d 495, 502, 141 N.W.2d 274 (1966).  Furthermore, no driver may deviate from his or her current traffic lane until doing so could be done without endangering other vehicles approaching from the rear.  See Thompson v. Howe, 77 Wis. 2d 441, 450-51, 253 N.W.2d 59 (1977).  Regardless of the officer’s reaction to Kallenberg’s movement, the officer’s car constituted traffic approaching from the rear.  As Kallenberg deviated from his lane of traffic without using a turn signal, and as another vehicle was behind him, we hold that there was probable cause to justify the traffic stop.

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