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01-1696-FT State v. Butz

By: dmc-admin//December 3, 2001//

01-1696-FT State v. Butz

By: dmc-admin//December 3, 2001//

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Diane K. Butz appeals from the decision of the trial court finding that her refusal to submit to chemical testing was unreasonable. In this appeal, she challenges the credibility of the arresting officer and contends that if the finder of fact would “discount[] the untruths told by the arresting officer,” there was no probable cause to arrest her for operating a motor vehicle while under the influence of an intoxicant.

We affirm because at the refusal hearing, the State met its burden of establishing that the officer’s account was plausible.

This opinion will not be published.

Dist II, Fond du Lac County, Grimm, J., Anderson, J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: Kevin G. Crowley, Fond du Lac

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