By: Derek Hawkins//January 6, 2016//
WI Court of Appeals – District IV
Case Name: State of Wisconsin v. Keith D. McEvoy
Case No.: 2015AP1262
Officials: KLOPPENBURG, P.J.
Practice Area: Revocation of License
Keith McEvoy appeals his judgment of conviction, which revoked his driver’s license for three years, for refusing to submit to a chemical test of his blood under the Wisconsin implied consent law, WIS. STAT. § 343.305(9). McEvoy argues that the State is estopped from pursuing the refusal action to revoke his license, because the State had temporarily suspended his license under WIS. STAT. § 343.305(7). For the reasons set forth below, I conclude that McEvoy’s reliance on his receipt of a notice to suspend, to mean that the State had changed its mind and was no longer pursuing a refusal action to revoke his license, was not reasonable. Accordingly, I affirm the judgment.