Probable Cause – Chemical Testing

By: Derek Hawkins//November 23, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Edward R. Gasse

Case No.: 2021AP484

Officials: GUNDRUM, P.J.

Focus: Probable Cause – Chemical Testing

Edward R. Gasse appeals the circuit court’s order finding that he unlawfully refused chemical testing of the level of alcohol in his system when requested by the arresting officer in this case. Gasse contends the officer did not have “probable cause to believe [he] was driving or operating a motor vehicle while under the influence,” and “thus the court erred in finding Mr. Gasse refused chemical testing” under WIS. STAT. § 343.305(9). We conclude that the court correctly determined that the officer had probable cause, and we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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