Wisconsin Supreme Court Upholds Traffic Stop of Drunk Driver

May 28, 2009

The Wisconsin Supreme Court says police were within their rights to pull over a drunken driver whose vehicle briefly crossed the center line.

The case involves Michael Popke, who was stopped in 2007 in New London after an officer saw his vehicle briefly drive into the left lane. His blood alcohol content was more than three times the legal limit, and Popke was charged with third-offense drunken driving.

An appeals court had ruled the stop unconstitutional, saying police did not have probable cause to pull him over.

The unanimous Supreme Court overturned that decision Wednesday. Justice Annette Ziegler says the stop was reasonable because Popke was driving erratically at 1:30 a.m.