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00-3146 In the Matter of the Refusal of Dittberner: State v. Dittberner

By: dmc-admin//June 4, 2001//

00-3146 In the Matter of the Refusal of Dittberner: State v. Dittberner

By: dmc-admin//June 4, 2001//

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Curtis Dittberner appeals from an order revoking his operating privileges for refusing to submit to a test of his blood. He asserts that the trial court erred by revoking his operating privileges because the State failed to prove that an arresting officer had probable cause to arrest him for operating his motor vehicle while intoxicated (OMVWI). He also argues that he cannot be considered to have refused a chemical test because the State failed to ask him to submit to a test. We conclude that sufficient evidence existed, permitting the officer to arrest Dittberner. We further conclude that the evidence supports the trial court’s conclusion that Dittberner refused a chemical test after the arresting officer read the “Informing the Accused” form. Accordingly, we affirm. Not recommended for publication in the official reports.

Dist IV, Dodge County, Bissonnette, J., Dykman, P.J.

Attorneys:

For Appellant: Brian A. Phitzinger, Juneau

For Respondent: Gilbert G. Thompson, Juneau

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