State v. Michael S. Piddington, 2001 WI 24, 241 Wis. 2d 754, 623 N.W.2d 528, affirming State v. Piddington, 2000 WI App 44, 233 Wis.2d 257, 607 N.W.2d 303 For Piddington: Michelle Ann Tjader Issue: Whether BAC results were suppressible because the profoundly deaf defendant could not have heard the implied-consent law recitation of rights. Holding: ¶1… Read more
4. Procedure
State v. Paul J. VanLaarhoven, 2001 WI App 275 For VanLaarhoven: Michele Anne Tjader Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant. Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical… Read more
State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established… Read more
State v. William K. Nord, 2001 WI App 48, 241 Wis. 2d 387, 625 N.W.2d 302 For Nord: Timothy J. O’Brien Issue: Whether the implied consent statute, § 343.305(4) violates due process by providing misleading information regarding the consequences for taking or refusing the test. Holding: The warning that the motorist “will be subject to other penalties”… Read more
State v. Dennis J. Reitter, 227 Wis.2d 213, 595 N.W.2d 646 (1999), on certification For Reitter: Michael C. Witt, Monogue & Witt, S.C. ¶3 … where a defendant expresses no confusion about his or her understanding of the statute, a defendant constructively refuses to take a breathalyzer test when he or she repeatedly requests to… Read more
