By: WISCONSIN LAW JOURNAL STAFF//November 27, 2013//
Wisconsin Court of Appeals
Criminal
Motor Vehicles — implied consent — probable cause
Fond du Lac County appeals the trial court’s dismissal of the County’s charge that Randal B. Hopper unlawfully refused to submit to a breath alcohol test under Wisconsin’s implied consent law. Specifically, the County claims that the court erred in concluding that the arresting deputy did not have probable cause to arrest Hopper for operating a motor vehicle while intoxicated. The County further contends the court erred in excluding certain evidence at the refusal hearing. We find no error in the rulings of the trial court and affirm. This opinion will not be published.
2012AP1719 In the matter of the refusal of Randal B. Hopper
Dist II, Fond du Lac County, Wirtz, J., Gundrum, J.
Attorneys: For Appellant: Endejan, Francis J., Fond du Lac; For Respondent: O’Malley, Anthony L., Fond du Lac