Motor Vehicles — implied consent

By: WISCONSIN LAW JOURNAL STAFF//November 8, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent

Michael D. Urben appeals the order finding unreasonable his refusal to submit to a chemical test of his blood’s alcohol content. See Wis.

Stat. § 343.305. He claims that the circuit court’s determination that he did not prove by a preponderance of the evidence that his “refusal was due to a physical inability to submit to the test due to a physical disability or disease unrelated to the use of alcohol, controlled substances, controlled substance analogs or other drugs[,]” see § 343.305(9)(a)5.c., was error. We affirm. This opinion will not be published.

2011AP982 In the matter of the refusal of Michael D. Urben

Dist I, Milwaukee County, Konkol, J., Fine, J.

Attorneys: For Appellant: Mishlove, Andrew, Milwaukee; Stuckert, Lauren, Glendale; For Respondent: Loebel, Karen A., Milwaukee; Potter, Thomas L., Milwaukee

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