Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Nathan Alan Bise

Case No.: 2017AP1662

Officials: BLANCHARD, J.

Focus: Sufficiency of Evidence

This is a statutory refusal hearing case involving a police request that Nathan Bise submit to a chemical test under Wisconsin’s Implied Consent Law. See WIS. STAT. § 343.305(9). Bise, pro se, appeals the circuit court’s order finding that Bise unlawfully refused to submit to a chemical test of his breath after his arrest on a charge of operating a motor vehicle while intoxicated. Bise asserts that his “main focus” is that the court lacked a sufficient factual basis to find that he improperly refused to submit to the requested test. Bise makes two additional arguments: (1) that the court “deprived” him of his “right to defend” himself, and (2) that the State failed to produce sufficient evidence that police had probable cause to believe that he had operated while intoxicated, which is a predicate to a finding of improper refusal. I reject all three arguments and accordingly affirm. Any additional argument that I do not specifically address is rejected because it is inadequately briefed and lacks discernable merit. See State v. Pettit, 171 Wis. 2d 627, 646, 492 N.W.2d 633 (Ct. App. 1992).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.