02-0032 State v. Arbuckle

By: dmc-admin//August 5, 2002//

By: dmc-admin//August 5, 2002//

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In County of Ozaukee v. Quelle, 198 Wis.2d 269, 280, 542 N.W.2d 196 (Ct. App. 1995), we formulated a three-part test to use when an allegedly intoxicated driver claims that he or she reasonably refused to take a test to measure alcohol because of misinformation given by a law enforcement officer. Here, we decide that James R. Arbuckle was given an oversupply of information that was incorrect, but that the incorrect information did not lead Arbuckle to refuse to take the test.

We affirm.

This opinion will not be published.

Dist II, Sheboygan County, Bolgert, J., Brown, J.

Attorneys:

For Appellant: Chad A. Lanning, Elkhart Lake

For Respondent: Robert J. Wells Jr., Sheboygan; Ronald J. Storaker, Sheboygan; Charles C. Adams, Sheboygan

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