01-2846 City of Appleton v. Tyrrell

By: dmc-admin//April 1, 2002//

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Lamar Tyrrell appeals from an order concluding that he had no basis to refuse to submit to chemical testing of his blood alcohol content after being arrested for operating a motor vehicle while under the influence of an intoxicant. Prior to the refusal hearing, Tyrrell sought dismissal of the refusal proceeding, contending that the application of the penalties mandated by Wis. Stat. § 343.305 for refusing to submit to chemical testing constituted an infringement on his rights under the Fourth and Fourteenth Amendments. The trial court denied that motion and ultimately concluded that Tyrrell had no basis to refuse to submit to the requested test.

Affirmed.

This opinion will not be published.

Dist III, Outagamie County, Des Jardins, J., Cane, C.J.

Attorneys:

For Appellant: Ralph A. Kalal, Madison

For Respondent: John F. Truby, Appleton; Michelle Louise Pennewell, Appleton

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