State v. Kyle R. Christoffersen, 2014AP1282, District 2, 1/28/15 (1-judge decision; ineligible for publication); case activity The judge at Christoffersen’s refusal hearing didn’t violate Christoffersen’s due process rights when it limited cross-examination about the arresting officer’s training on, and administration of, field sobriety tests and refused to allow Christoffersen to make an offer of proof by questioning the… Read more
Refusal Hearing
City of Portage v. Kenneth D. Cogdill, 2014AP1492, District 4, 11/20/14 (1-judge decision; ineligible for publication); case activity Police had probable cause to believe Cogdill had been operating a motor vehicle while under the influence of an intoxicant based on the statements of witnesses, the officers’ own observations, and Cogdill’s statements. ¶8 Testimony at the [refusal]… Read more
State v. Robert J. Kowalis, 2014AP258, District 2, 8/6/14 (1-judge; ineligible for publication); case activity The circuit court’s refusal finding under § 343.305(9) is upheld because the officer had probable cause to arrest Kowalis for operating while intoxicated. Kowalis was found in the driver’s seat of a car parked across a sidewalk and partly on the grass of the terrace between… Read more
Marquette County v. Thomas J. Wagenaar, 2013AP2454, District 4, 7/3/14 (1-judge; ineligible for publication); case activity A long delay in filing the notice of intent to revoke after Wagenaar refused a chemical test under § 343.305 didn’t deprive the circuit court of jurisdiction. In addition, police had probable cause to believe Wagenaar was operating a motor… Read more
Eau Claire County v. Michael A. Grogan, 2014AP172, District 3, July 1, 2014 (1-judge; ineligible for publication); case activity A reasonable person would have understood that he was given Miranda warnings because of his obstructionist behavior, so those warnings didn’t mislead Grogan into believing that the warnings applied in the implied consent context. Grogan was… Read more
State v. Dale F. Wendt, 2014AP174, District 2, 6/18/14 (1-judge; ineligible for publication); case activity The information known to the deputy at the time he requested Wendt to take a blood test provided probable cause to believe Wendt had driven his vehicle while intoxicated earlier that evening, despite the deputy’s lack of information as to whether Wendt drank during… Read more
Oconto County v. Robert E. Hammersley, 2013AP1263, District 3, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity The 10-day time period to request a refusal hearing under § 343.305(10)(a) begins when the driver receives a copy of the notice of intent to revoke, not when the court receives a copy. Thus, where a notice of… Read more
State v. Carl J. Opelt, 2013AP1798, District IV, 12/27/13 (1-judge decision, ineligible for publication); case activity. Police arrested Opelt for OWI. While transporting him to the hospital, an officer asked him 14 times to submit to an evidentiary chemical test of his blood. The circuit court found that Opelt refused to promptly submit to the… Read more
