02-0080 County of Green Lake v. Lindemann

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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 refused to take a test to measure blood alcohol content because of misinformation given by a law enforcement officer. The Quelle decision compels the court to determine:

(1) Has the law enforcement officer not met, or exceeded his or her duty under secs. 343.305(4) and 343.305(4m) to provide information to the accused driver;

(2) Is the lack or oversupply of information misleading; and

(3) Has the failure to properly inform the driver affected his or her ability to make the choice about chemical testing?

Quelle, 198 Wis.2d at 280. Here, we decide that John F. Lindemann was given an oversupply of information that was misleading, but that the misleading information did not lead him to refuse to submit to a blood test.

We affirm.

This opinion will not be published.

Dist II, Green Lake County, McMonigal, J., Brown, J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac; Mike Bethke, Fond du Lac

For Respondent: Michael E. O’Rourke, Green Lake