Motor Vehicles — implied consent — reasonable suspicion

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent — reasonable suspicion

Randy Tomaw appeals a circuit court order determining that Tomaw improperly refused to submit to a chemical test of his breath pursuant to Wisconsin’s implied consent law and revoking Tomaw’s operating privileges based on his refusal. Tomaw’s sole argument on appeal is that his license should not have been revoked for refusing to submit to an evidentiary chemical test of his breath because the investigating police sergeant lacked reasonable suspicion to administer field sobriety tests and, thus, Tomaw’s subsequent arrest was unlawful. I conclude that the sergeant had the requisite level of reasonable suspicion to administer field sobriety tests and that Tomaw was lawfully arrested. Accordingly, I affirm the decision of the circuit court revoking Tomaw’s operating privileges. This opinion will not be published.

2013AP1510 In the matter of the refusal of Randy S. Tomaw

Dist IV, Marquette County, Wright, J., Blanchard, P.J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Hendee, Chad A., Montello