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Probable Cause – Refusal of Blood Test – Court Error

By: Derek Hawkins//September 28, 2016//

Probable Cause – Refusal of Blood Test – Court Error

By: Derek Hawkins//September 28, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Steven N. Jackson

Case No.: 2015AP2628

Officials: Kloppenburg, P.J.

Focus: Probable Cause – Refusal of Blood Test – Court Error

In January 2015, Steven Jackson was issued a notice of intent to revoke operating privilege after he was arrested for operating while under the influence (2nd) and refused to submit to a blood test.  After a refusal hearing in December 2015, the circuit court entered a judgment finding Jackson guilty of improperly refusing a blood test and revoking Jackson’s operating privilege for twelve months. Jackson appeals, arguing that: (1) the officers lacked probable cause to arrest him for operating while under the influence; and (2) the circuit court erred in admitting a squad car videotape recording at the refusal hearing as evidence that the arresting officer complied with the statutory Informing the Accused requirements and that Jackson refused to submit to a blood test. For the reasons set forth below, I conclude that probable cause did exist to arrest Jackson, and that it was not error for the circuit court to admit the squad car recording. Accordingly, I affirm the judgmen

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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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