Motor Vehicles – refusal to submit to chemical test – community caretaker

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Wisconsin Court of Appeals

Criminal Opinion

Motor Vehicles – refusal to submit to chemical test – community caretaker

Michael Parizanski appeals from a circuit court order deeming unreasonable his refusal to submit to a chemical test of intoxication under Wis. Stat. § 343.305(10). The primary issue on appeal is whether the arresting officer’s detention of Parizanski was justified as a community caretaker activity. Given the totality of circumstances, we conclude that it was. We further conclude that the circuit court properly exercised its discretion when it denied for purposes of the refusal hearing Parizanski’s request to exclude the evidence stemming from the stop because it was conducted outside of the officer’s jurisdiction. We therefore affirm the circuit court’s order finding Parizanski’s refusal unreasonable. This opinion will not be published.

2011AP395 In the matter of the refusal of Michael P. Parizanski

Dist II, Walworth County, Reddy, J., Neubauer, P.J.

Attorneys: For Appellant: Mishlove, Andrew, Milwaukee; For Respondent: Wiedenfeld, Zeke, Elkhorn