OSHKOSH, Wis. (AP) — A state appeals court has ruled against a motorist who said police couldn’t force him to take an intoxication test because the EAA AirVenture grounds where he was stopped were private property.
Court records say 40-year-old Matthew Miller of Fredonia was stopped for speeding near the Oshkosh grounds last year. He refused the intoxication test, saying he was on private property and not public space as specified by law.
His driver’s license was suspended for a year. He appealed, but a state appeals court rejected his argument Wednesday.
A WLUK-TV report says Miller had argued that because passes to the Experimental Aircraft Association event must be purchased, the event is considered private.
But the court said EAA intends that the complex be open and accessible to the public.
Information from: WLUK-TV, http://www.fox11online.com