Please ensure Javascript is enabled for purposes of website accessibility

02-0737 County of Iowa v. Klinger

By: dmc-admin//December 3, 2002//

02-0737 County of Iowa v. Klinger

By: dmc-admin//December 3, 2002//

Listen to this article

Leon Klinger appeals the judgment of conviction for operating a motor vehicle while intoxicated. He contends the trial court erred in denying his motion to suppress the result of the analysis of his blood. Klinger argued in the trial court, as he does on appeal, that he did not validly and voluntarily consent to the taking of a sample of his blood. Under Wis. Stat. sec. 343.305(2), any person operating a motor vehicle is deemed to have given consent to tests to determine the presence or quantity of alcohol in the person’s breath or blood when the person is arrested for a violation of sec. 346.163(1); license revocation is the penalty if a person refuses to submit to the tests after certain statutory conditions and procedures are complied with. Section 343.305(3)-(10). Klinger’s argument is that the implied consent statute, sec. 343.305, is unconstitutional because it forces an individual to choose between abandoning his or her Fourth Amendment protection against unreasonable searches and seizures and suffering the sanction of lost driving privileges.

The trial court concluded it was not unconstitutional, and we affirm.

This opinion will not be published.

Dist IV, Iowa County, Dyke, J., Vergeront, P.J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Larry E. Nelson, Dodgeville; Erik C. Peterson, Dodgeville

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests