Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly… Read more
Refusal Hearing
State v. Asif Ahmed, 2023AP1796, 3/14/24, District IV (one-judge appeal; ineligible for publication); case activity Ahmed raises a few different arguments challenging the circuit court’s decision that he improperly refused to submit to a OWI blood draw, but the court of appeals rejects them all, agrees probable cause existed to arrest Ahmed for OWI, and… Read more
State v. Matthew E. Sullivan, 2023AP2138, 10/19/23, District IV (one-judge decision; ineligible for publication); case activity Prior to his refusal hearing, Sullivan requested a continuance so he could obtain counsel. The circuit court denied his request. Sullivan then represented himself and challenged the sought after revocation by relying on the affirmative defense that a “physical… Read more
State v. Bryson Keith Williams, 2023AP838, 10/4/23, District II (one-judge decision; ineligible for publication); case activity Applying the familiar test for assessing the adequacy of the officer’s reading of the implied consent warnings, COA agrees that Williams’ refusal was unlawful. While Wisconsin law permits the imposition of a driver’s license revocation as a consequence for… Read more
City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
State v. Peter John Long, 2022AP496, District 2, 5/3/23 (one-judge decision; ineligible for publication); case activity (including briefs) The state concedes, and the court of appeals agrees, that Long is entitled to a hearing on his motion to reopen the default judgment entered in his refusal proceeding. Under § 806.07(1), a circuit court may reopen… Read more
State v. Roman C. Ozimek, 2021AP452, District 3, 11/22/22 (one-judge decision; ineligible for publication); case activity (including briefs) Ozimek challenges the revocation of his driving privileges for refusing a blood draw after he was arrested for OWI. The court of appeals rejects his claim that the circuit court should have considered evidence that the officer… Read more
Forest County v. Brian M. Steinert, 2020AP1465, District 3, 1/19/22 (one-judge decision; ineligible for publication); case activity (including briefs) Steinert challenged his refusal citation on the ground the police didn’t have probable cause to arrest him, see § 343.305(9)(a)5.a. The court of appeals rejects his challenge. Steinert was stopped for an equipment violation. The officers noted… Read more
