State v. Sharpe, 2021AP1543 & 2022AP307, 9/24/24, District III (one-judge decision; ineligible for publication); case activity here and here COA determines defendant arrested for OWI did not meet burden to show that he was unable to make knowing and intelligent choice about submitting to breath test when officers misinformed him that he would be charged… Read more
Refusal Hearing
State v. Albert A. Terhune, 2023AP353, 9/19/24, District IV (1-judge decision, ineligible for publication); case activity In a somewhat complicated OWI appeal, COA ultimately affirms under well-settled legal standards. Terhune appeals the circuit court’s order revoking his operating privileges for unlawfully refusing to submit to an evidentiary breath test pursuant to § 343.305. (¶1). While… Read more
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge. Rodolfo Rodriguez sought at his refusal hearing to cross-examine Police Officer A regarding Police Officer’s B’s interactions with him during a traffic… Read more
City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead. John Schumacher… Read more
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
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
