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Motor Vehicles — implied consent — probable cause

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

Motor Vehicles — implied consent — probable cause

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent — probable cause

John J. Uttke appeals from an order of the circuit court affirming his municipal court revocation for refusing to submit to a blood test after he was arrested for operating a motor vehicle while intoxicated. Uttke argues that the officer did not have probable cause to arrest him, and that regardless, his refusal was lawful because it was due to a head injury he sustained when he crashed his motorcycle. We disagree on both counts and affirm his revocation.  This opinion will not be published.

2011AP2021 In the matter of the refusal of John J. Uttke

Dist II, Waukesha County, Domina, J., Reilly, J.

Attorneys: For Appellant: Witt, Michael C., Jefferson; For Respondent: Riffle, H. Stanley, Waukesha; Aquavia, Julie A., Waukesha

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