02-2021 State v. Johnson

By: dmc-admin//January 20, 2003//

Listen to this article

Mark Johnson appeals an order revoking his operating privileges because of his refusal to submit to chemical testing after his arrest for operating while under the influence. The circuit court concluded Johnson had no basis to refuse to consent to the blood test. The court also rejected his argument the implied consent statute is unconstitutional because it imposes punishment for refusing to consent to testing. Johnson makes this same argument on appeal.

We determine this issue is governed by our decision in State v. Wintlend, 2002 WI App 314, and affirm the circuit court’s order.

This opinion will not be published.

Dist III, Brown County, Bischel, J., Cane, C.J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: John P. Zakowski, Green Bay; David L. Lasee, Green Bay

Select Region or Brand

Upcoming Event