Refusal Hearing

Village of Elm Grove v. Richard K. Brefka, 2013 WI 54, affirming unpublished court of appeals opinion; Justice Bradley, for a unanimous court; case activity The 10-day deadline for filing a request for a refusal hearing, §§ 343.305(9)(a)4. and (10)(a), is mandatory, and may not be extended based on excusable neglect. Brefka was issued a… Read more

State of Wisconsin/City of Sturgeon Bay v. Bradley H. Hart, 2013AP85, District 3, 6/18/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s finding that Hart refused a chemical is not clearly erroneous, despite Hart’s being from Illinois, where the law is different, and his acquiescence, without physical resistance, to the… Read more

Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal? This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not… Read more

State v. Brandon H. Bentdahl, 2012AP1426, District 4, 12/6/12; court of appeals decision (1-judge, ineligible for publication), petition for review granted 6/13/13; reversed, 2013 WI 106; case activity A circuit court has discretionary authority to dismiss a refusal charge, § 343.305, after the defendant has pleaded guilty to the underlying OWI, State v. Brooks, 113 Wis. 2d 347… Read more

on review of unpublished decision; case activity Issue (composed by On Point)  Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearing. Brefka filed a request for refusal hearing outside the 10-day time limit in § 343.305(9)(a)4. Does a court possess competence to extend that deadline? No dice, according to the court… Read more

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19… Read more

State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:  ¶14      Accordingly, we reject the State’s… Read more