By: WISCONSIN LAW JOURNAL STAFF//July 1, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles — implied consent — informed choice
Michael Grogan, pro se, appeals an order concluding he unlawfully refused to take a test for intoxication after arrest. Grogan argues the circuit court applied an improper legal standard when it determined Miranda warnings did not interfere with his ability to make an informed choice under the implied consent law. He contends that, because the officer gave him Miranda warnings after placing him under arrest, we must conclude he did not refuse the evidentiary chemical test. We reject Grogan’s arguments and affirm. This opinion will not be published.
2014AP172 In the matter of the refusal of Michael A. Grogan
Dist III, Eau Claire County, Schumacher, J., Stark, J.
Attorneys: For Appellant: Grogan, Michael A., pro se; For Respondent: Larson, Meri C., Eau Claire