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2010AP2416 In the matter of the refusal of Charles L. Wendt

By: WISCONSIN LAW JOURNAL STAFF//June 23, 2011//

2010AP2416 In the matter of the refusal of Charles L. Wendt

By: WISCONSIN LAW JOURNAL STAFF//June 23, 2011//

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Motor Vehicles
Implied consent; probable cause

Charles Wendt was arrested for driving under the influence of alcohol. He refused to submit to an evidentiary chemical test of his blood. In a subsequent refusal hearing, Wendt argued that the arresting officer lacked probable cause to request the blood test, and the circuit court agreed. Accordingly, the court ordered that no action be taken on Wendt’s operating privilege. The State appeals. I reverse and remand for further proceedings.

This opinion will not be published.

2010AP2416 In the matter of the refusal of Charles L. Wendt

Dist IV, Jefferson County, Weston, J., Lundsten, J.

Attorneys: For Appellant: Hall, Monica J., Jefferson; For Respondent: Witt, Michael C., Jefferson

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