Motor Vehicles — implied consent — jurisdiction

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent — jurisdiction

Brandon H. Bentdahl was acquitted of the charges of operating while intoxicated and operating with a prohibited alcohol concentration, following a jury trial during which blood test evidence was presented. The circuit court subsequently dismissed the separate charge of improperly refusing to submit to a blood test under the provisions of Wis. Stat. § 343.305, finding that a messily written date on the notice of intent to revoke operating privilege constituted a fundamental error that deprived the court of personal jurisdiction. The State of Wisconsin appeals. As explained below, the notice of intent to revoke operating privilege contains no errors. Accordingly, this matter is remanded to the circuit court to address Bentdahl’s alternative ground for dismissal, which asks the court to exercise its discretion to dismiss based on all of the facts of this case. This opinion will not be published.

2012AP1426 In the matter of the refusal of Brandon H. Bentdahl

Dist IV, Columbia County, White, J., Kloppenburg, J.

Attorneys: For Appellant: Cross, Troy Dean, Portage; For Respondent: Cohen, Barry S., Elkhart Lake