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
Refusal Hearing
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
State v. Brandon H. Bentdahl, 2013 WI 106, reversing an unpublished court of appeals decision; opinion for a unanimous court by Justice Crooks; case activity In State v. Brooks, 113 Wis. 2d 347, 348-49, 335 N.W.2d 354 (1983), the supreme court held that a circuit court has discretionary authority to dismiss a refusal charge under… Read more
Fond du Lac County v. Randal B. Hopper, 2012AP1719, District 2, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly concluded the defendant did not unlawfully refuse to provide a breath sample because the officer lacked probable cause to arrest him for OWI: ¶10 Considering the collective knowledge of dispatch… Read more
State v. Victoria M. Milewski, 2013AP1323, District 4, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity After being arrested for OWI Milewski refused a blood test, saying her Christian Scientist beliefs prohibited her from allowing a needle to be inserted in her body; she offered to provide a urine sample instead. (¶¶2-3)… Read more
State v. Sidney H. Sawicky, 2013AP1335, District 3, 11/19/13; court of appeals decision (1-judge; ineligible for publication); case activity Village of Elm Grove v. Brefka, 2013 WI 54, 348 Wis. 2d 282, 832 N.W.2d 121, held that the 10-day limit for requesting a refusal hearing set out in § 343.305(9)(a)4. and (10)(a) is mandatory and cannot be… Read more
