By: WISCONSIN LAW JOURNAL STAFF//August 6, 2014//
Wisconsin Court of Appeals
Criminal
Motor Vehicles — implied consent — probable cause
Robert Kowalis appeals from the judgment of conviction in which he was found guilty of unlawfully refusing to take a test for intoxication after arrest. He contends the circuit court erred in concluding that the city of Sheboygan police officer who arrested him for operating while intoxicated had probable cause to do so and thus had probable cause to request that Kowalis take a test for intoxication. Because we conclude, as the State argues, that the officer did have probable cause to arrest Kowalis and request a test for intoxication, we affirm. This opinion will not be published.
2014AP258 In the matter of the refusal of Robert J. Kowalis
Dist II, Sheboygan County, Stengel, J., Gundrum, J.
Attorneys: For Appellant: Obear, Kirk B., Sheboygan; Mroczkowski, Melissa Louise, Sheboygan; For Respondent: Wagner, Mary T., Sheboygan