Opinion
No. 2012AP1645–CR.
2013-08-29
STATE of Wisconsin, Plaintiff–Respondent, v. Daniel P. HENNINGSEN, Defendant–Appellant.
Henningsen argues that the court's determination that Henningsen forfeited his right-of-way by speeding was contrary to the right-of-way rules under Wis. Stat. § 346.18 (2011–12). 1 He points out that § 346.18(1), which applies to uncontrolled intersections, states that driving at an unlawful speed forfeits the right-of-way under that subsection; § 346.18(3), which applies to intersections with through highways, does not contain the forfeiture language. Henningsen argues that, contrary to the circuit court's statements, Henningsen had the right-of-way on the highway. Thus, Henningsen asserts, Gray caused the crash by failing to yield the right-of-way.