2009AP2608-FT In the matter of the refusal of Bradley K. Darwin

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Motor Vehicles
OWI: probable cause; sufficiency of the evidence

Bradley K. Darwin appeals his judgment of conviction for operating a motor vehicle while intoxicated (OWI), first offense, entered upon a verdict of the City of Monona municipal court. Darwin also appeals an order of the City of Monona municipal court revoking his operating privileges for refusal to submit to an intoximeter test. Darwin argues that the circuit court failed to employ the proper standard of review by performing a transcript review under Wis. Stat. § 800.14(5) when he had not withdrawn his request for a trial de novo under § 800.14(4). Darwin also argues that the officer lacked probable cause to arrest him, that his refusal to submit to an intoximeter test was reasonable, and that there was insufficient evidence to convict him of OWI. We conclude that the circuit court employed the proper standard of review and that the record supports the decisions of the municipal court. We therefore affirm. This opinion will not be published.

2009AP2608-FT In the matter of the refusal of Bradley K. Darwin

Dist IV, Dane County, Schwartz, J., Higginbotham, J.

Attorneys: For Appellant: Ginsberg, Bill, Madison; For Respondent: Evans, Daniel J., Madison

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