2011AP661 In the matter of the refusal of Matthew J. Miller

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Motor Vehicles
implied consent; refusal; public place

Matthew J. Miller appeals from a judgment convicting him of refusing to take a test for intoxication. Miller’s refusal occurred after he was arrested for OWI on the Experimental Aircraft Association (EAA) Air Venture grounds. He argues that the police lacked probable cause because the intoxicated operation of the motor vehicle occurred on private property and therefore not in a place “held out to the public” according to Wis. Stat. § 346.61. We hold that the area was sufficiently held out to the public because the EAA opened the complex to members of the public who purchased passes and therefore the public had substantial access. Accordingly, we affirm. This opinion will not be published.

2011AP661 In the matter of the refusal of Matthew J. Miller

Dist II, Winnebago County, Jorgensen, J., Brown, C.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Levin, Adam Joseph, Oshkosh

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