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Court Error – Chemical Test

By: Derek Hawkins//May 31, 2016//

Court Error – Chemical Test

By: Derek Hawkins//May 31, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. William J. Furlong

Case No.: 2015AP445-FT

Officials: BLANCHARD, J.

Focus: Court Error – Chemical Test

William Furlong appeals an order of the circuit court concluding that Furlong unlawfully refused to voluntarily submit to a chemical test, resulting in revocation of Furlong’s driving privileges. Furlong argues that the court improperly construed Furlong’s pre-test requests to confer with an attorney as a constructive refusal, which was error because there is no evidence that police informed Furlong during the pre-test discussion that Furlong did not have a right to counsel in connection with the request. I conclude that the only argument Furlong makes on appeal was rejected in State v. Reitter, 227 Wis. 2d 213, 595 N.W.2d 646 (1999), which expanded on State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), and accordingly I affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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