B. Chs. 343-346: Traffic offense

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on review of unpublished decision; case activity Issue (composed by On Point)  Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal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

State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his… 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

Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Probable Cause – PBT, § 343.303 ¶11      At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday… Read more

County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12 court of appeals decision (1-judge, ineligible for publication); case activity Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure… 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