Motor Vehicles — refusal hearings — untimely requests

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — refusal hearings — untimely requests

Richard K. Brefka appeals the circuit court order denying his request for a refusal hearing. The circuit court determined that because Brefka did not file a request for a refusal hearing within the ten-day statutory time limit prescribed in Wis. Stat. § 343.305(9)(a)4., the court lacked competence to hear his motion. As such, the circuit court dismissed Brefka’s appeal and remanded the case back to the municipal court for disposition. Brefka contends that the circuit court erred in concluding that it lacked competence to extend the ten-day time limit under Wis. Stat. §§ 800.115(1) and 806.07, and State v. Schoepp, 204 Wis. 2d 266, 554 N.W.2d 236 (Ct. App. 1996). The Village of Elm Grove counters that § 343.305(9)(a)4. and (10)(a), as well as an unpublished Wisconsin Court of Appeals decision, Village of Butler v. Fricano, 2010 WI App 84, 326 Wis. 2d 267, 787 N.W.2d 60 (unpublished), clearly state that the circuit court is without competence to extend the ten-day time limit within which a refusal hearing must be requested. We agree with the municipal and circuit courts, and affirm. This opinion will not be published.

2011AP2888 Village of Elm Grove v. Brefka

Dist II, Waukesha County, Gundrum, J., Brennan, J.

Attorneys: For Appellant: Mishlove, Andrew, Milwaukee; For Respondent: Hoffer, Douglas James, Elm Grove