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Washington County v. Kieper

Wisconsin Supreme Court
438 N.W.2d 597, 148 Wis. 2d 953 (1989)

Written by Elliot Stern, JD

Facts

Kevin Kieper (defendant) was driving a dirt bike on a highway. Kieper’s driver’s license had previously been revoked, and Kieper was cited by Washington County (plaintiff) for operating a motor vehicle after revocation of his license in violation of the Wisconsin state statute prohibiting such conduct. The dirt bike was an off-road racing motorcycle. Kieper moved to dismiss the charge on the grounds that the dirt bike was not a motor vehicle within the meaning of the statute. The trial court agreed and dismissed the charge. Washington County appealed. Kieper argued that in order for a person to violate the statute, the vehicle involved must be one that required a license to drive and required registration. Kieper noted that a license was not required to drive a dirt bike and dirt bikes could not be registered. Therefore, he argued, operating a dirt bike could not give rise to a cause of action under the statute.

Rule of Law

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Holding and Reasoning ()

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