01-3060 Village of Little Chute v. Walitalo

By: dmc-admin//July 8, 2002//

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“According to Walitalo, the fact that he was forced to choose between the loss of his driving privileges and submission to a chemical test amounted to coercion.

“However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve any deceit or trickery, but instead accurately informed Walitalo of his precise legal situation.”

Accordingly, because there was no actual coercion or improper police conduct, we conclude that petitioner’s consent was voluntary.

Affirmed.

Recommended for publication in the official reports.

Dist III, Outagamie County, Froelich, J., Peterson, Ch. J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Mark J. McGinnis, Appleton

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