Motor Vehicles — implied consent; refusal

By: WISCONSIN LAW JOURNAL STAFF//December 27, 2013//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent; refusal

Carl Opelt appeals a judgment of conviction revoking his operating privileges under the implied consent law, Wis. Stat. § 343.305, following his alleged refusal to submit to a chemical test of his blood. The only issue presented on appeal is whether Opelt refused to promptly submit to the requested test. I conclude that the circuit court did not clearly err in finding facts and that as a matter of law Opelt refused to promptly submit to the test. Accordingly, I affirm the decisions of the circuit court. This opinion will not be published.

2013AP1798 In the matter of the refusal of Carl J. Opelt

Dist IV, Clark County, Counsell, J., Blanchard, P.J.

Attorneys: For Appellant: Hough, Brian, Madison; For Respondent: Lewis, Richard R., Neillsville

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