01-2035 State v. Ziebell

By: dmc-admin//December 17, 2001//

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The sole issue on appeal is whether the circuit court erroneously exercised its discretion when it denied Patricia Ziebell’s motion to dismiss the charge for refusing to take a blood alcohol test after she pled guilty to the underlying charge of operating a motor vehicle while under the influence of an intoxicant.

Because the circuit court applied an incorrect standard of law when exercising its discretion, the order is reversed and the matter is remanded to the trial court.

Dist III, Shawano County, Schmidt, J., Cane, C.J.

Attorneys:

For Appellant: Michael C. Witt, Jefferson

For Respondent: Gary R. Bruno, Shawano; Catharine D. White, Shawano

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