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01-0929 In the Matter of the Refusal of Daniel R. Nehring: State v. Nehring

By: dmc-admin//August 20, 2001//

01-0929 In the Matter of the Refusal of Daniel R. Nehring: State v. Nehring

By: dmc-admin//August 20, 2001//

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Defendant-appellant Daniel R. Nehring appeals an order, entered after a refusal hearing under Wisconsin’s implied consent law, which revoked his driver’s operating privileges for one year. Nehring was arrested on Aug. 11, 2000, after he drove his truck into a tree located near a parking area behind two residential duplexes. At the time of his arrest, Nehring admitted that he had been drinking, but he refused to take a chemical test. The only issue contested on appeal is whether the arresting officer had probable cause to believe that Nehring had committed the offense of operating a motor vehicle on a public highway while intoxicated. As explained below, a reasonable police officer could have concluded from the totality of the circumstances known at the time of the arrest that Nehring probably had violated Wis. Stat. sec. 346.63(1)(a).

Accordingly, the circuit court’s order is affirmed.

This opinion will not be published.

Dist IV, Dane County, Krueger, J., Roggensack, J.

Attorneys:

For Appellant: T. Christopher Kelly, Madison

For Respondent: Jason J. Hanson, Madison

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