Motor Vehicles — implied consent — reasonable suspicion

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent — reasonable suspicion

John E. Ahern appeals from an order finding that he unlawfully refused to take a test for intoxication after arrest, contrary to Wis. Stat. § 343.305(9). Ahern contends that the circuit court erred in finding his refusal to submit to an evidentiary chemical test unreasonable. Ahern argues that his refusal was reasonable because the arresting officer did not have sufficient reasonable suspicion or probable cause to legally detain him. Based on the totality of the circumstances, we conclude that the officer had reasonable suspicion justifying an investigatory stop of Ahern’s vehicle and, therefore, Ahern’s refusal to submit to an evidentiary chemical test was unreasonable. We affirm the order. This opinion will not be published.

2011AP898 In the matter of the refusal of John E. Ahern

Dist II, Fond du Lac County, Wirtz, J., Neubauer, P.J.

Attorneys: For Appellant: Melowski, Dennis M., Sheboygan; Singh, Sarvan, Sheboygan; For Respondent: Christenson, Andrew Joseph, Fond du Lac