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Chemical Intoxication Test – Identification – Court Error

By: Derek Hawkins//September 2, 2015//

Chemical Intoxication Test – Identification – Court Error

By: Derek Hawkins//September 2, 2015//

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Criminal

WI Court of Appeals – District II

Officials: GUNDRUM, J.

Chemical Intoxication Test – Identification – Court Error

2015AP574 State of Wisconsin v. David Francis Walloch

David Francis Walloch appeals from the circuit court’s order finding he unlawfully refused to submit to a chemical test for intoxication, pursuant to WIS. STAT. § 343.305, after being arrested for operating a motor vehicle while under the influence of an intoxicant. Walloch’s only contention on appeal is that the circuit court erred in concluding at the refusal hearing “that the State had sufficiently identified [Walloch] as the person who refused chemical testing.” We conclude that the court did not err and affirm.

Decision

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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