00-3441 State v. Senecal

By: dmc-admin//July 23, 2001//

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Michael A. Senecal appeals from an order revoking his driving privileges based upon the trial’s court determination that Senecal improperly refused to submit to a chemical test under the Implied Consent Law, Wis. Stat. sec. 343.305. On appeal, Senecal argues that the trial court erred by denying his motion to dismiss when the State was unprepared to proceed at a previously scheduled refusal hearing. Instead, the court granted the State’s motion to adjourn the hearing.

We agree with Senecal that the trial court did not adequately explain its reasons for granting the adjournment.

We therefore conditionally reverse the order and remand for the trial court to further address the adjournment request.

This opinion will not be published.

Dist II, Fond du Lac County, Wirtz, J., Nettesheim, J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: Kevin G. Crowley, Fond du Lac

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