seat belt defense (Wisconsin) · Go Syfert
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seat belt defense in Wisconsin

6 Wisconsin opinions name it 2 courts 1983–2004 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Bentzler v. Braungreen
wis · 1967 · cited in 3 Wisconsin opinions naming this issue, 1983–2002
2 sentences

2002The seat belt defense was first recognized in Bentzler v. Braun, 34 Wis. 2d 362, 385 , 149 N.W.2d 626 (1967). ¶ 26.

2002The seat belt defense was first recognized in Bentzler v. Braun, 34 Wis. 2d 362, 385 , 149 N.W.2d 626 (1967). ¶ 26.

13
United States v. Ronald T. Johnsongreen
ca8 · 1995 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004In Betow, the court of appeals, relying on an Eighth Circuit case, declared: There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver *560 may be asked questions reasonably related to the nature of the stop — including his or her destination and purpose. 226 Wis. 2d at 93 (citing United States v. Johnson, 58 F.3d 356, 357 (8th Cir. 1995)).

11
Lukowski v. Dankertgreen
wis · 1994 · cited in 1 Wisconsin opinions naming this issue, 1994–1994
2 sentences

1994See generally Lukowski v. Dankert, 184 Wis. 2d 142, 154 , 515 N.W.2d 883, 888 (1994) (supreme court *457 upheld arbitration award on personal injury case where expert testimony was not given on seat belt defense).

1994See generally Lukowski v. Dankert, 184 Wis. 2d 142, 154 , 515 N.W.2d 883, 888 (1994) (supreme court *457 upheld arbitration award on personal injury case where expert testimony was not given on seat belt defense).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Betow green
wisctapp · 1999
1 sentence

2004In Betow, the court of appeals, relying on an Eighth Circuit case, declared: There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver *560 may be asked questions reasonably related to the nature of the stop — including his or her destination and purpose. 226 Wis. 2d at 93 (citing United States v. Johnson, 58 F.3d 356, 357 (8th Cir. 1995)).

12004–2004
Foley v. City of West Allis green
wis · 1983
2 sentences

2002This is not intended to alter the seat belt defense, which continues to be governed by Foley v. City of West Allis, 113 Wis. 2d 475 , 335 N.W.2d 824 (1983), as modified by Wis. Stat. § 347.48 (2m)(g).

2002This is not intended to alter the seat belt defense, which continues to be governed by Foley v. City of West Allis, 113 Wis. 2d 475 , 335 N.W.2d 824 (1983), as modified by Wis. Stat. § 347.48 (2m)(g).

12002–2002
Gaertner v. Holcka green
wis · 1998
2 sentences

2002In Gaertner v. Holcka, 219 Wis. 2d 436 , 580 N.W.2d 271 (1998), this court analyzed the effect of the statutory change as follows: By amending Wis. Stat. § 347.48 , the legislature explicitly adopted our interpretation of the seat belt defense.

2002In Gaertner v. Holcka, 219 Wis. 2d 436 , 580 N.W.2d 271 (1998), this court analyzed the effect of the statutory change as follows: By amending Wis. Stat. § 347.48 , the legislature explicitly adopted our interpretation of the seat belt defense.

12002–2002
Holbach v. Classified Ins. Corp. green
wisctapp · 1990
2 sentences

1994Corp., 155 Wis. 2d 412, 413-414 , 455 N.W.2d 260 (Ct. App. 1990), which states that "expert testimony is always required to establish a seat belt defense." It is her argument that allowing the seat belt defense without requiring expert testimony is a perverse misconstruction of the law and constitutes a manifest disregard of the law.

1994Corp., 155 Wis. 2d 412, 413-414 , 455 N.W.2d 260 (Ct. App. 1990), which states that "expert testimony is always required to establish a seat belt defense." It is her argument that allowing the seat belt defense without requiring expert testimony is a perverse misconstruction of the law and constitutes a manifest disregard of the law.

11994–1994

Statutes the citing opinions construe

WI § Wis. Stat. § 347.48 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 31 (1974–2015) FL 29 (1981–2011) TX 19 (1969–2015) GA 16 (1987–2024) IL 13 (1972–2007) IN 12 (1977–2023) OH 12 (1985–2023) PA 11 (1986–2025) CO 9 (1973–2006) MI 9 (1969–2003) NC 8 (1968–2007) CT 7 (1969–2018) NJ 7 (1986–2001) NM 7 (1975–2015) WI 6 (1983–2004) WA 6 (1972–2007) KS 5 (1981–2008) AZ 5 (1974–2022) MA 4 (1992–2024) IA 4 (1991–2014) MN 3 (1990–2018) CA 3 (1990–2004) OR 3 (2015–2016) KY 3 (2003–2021) TN 2 (2000–2020) DE 2 (2015–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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