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Motor Vehicles – implied consent – due process

Wisconsin Court of Appeals

Criminal

Motor Vehicles – implied consent – due process

APPEAL from an order of the circuit court for Washington County: ANDREW T. GONRING, Judge. Affirmed

Kyle R. Christoffersen appeals an order of the circuit court revoking his driver’s license due to his refusal to submit to an evidentiary blood or breath test following his arrest for operating a motor vehicle while intoxicated. Christoffersen argues that the circuit court erred when it limited his cross-examination of the arresting officer. Christoffersen further argues that the circuit court did not allow him to make an offer of proof, and that this was error as well. Christoffersen maintains that these alleged errors combine to violate his right to due process. The circuit court did not err in limiting cross-examination because the testimony counsel sought to elicit was unnecessary to the finding of probable cause and therefore irrelevant. We affirm.

DISTRICT II; Washington County; ANDREW T. GONRING; NEUBAUER, P.J.

2014AP001282 State v. Kyle R. Christoffersen

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