On Point: B. Chs. 343-346: Traffic offense

State v. Tammy S. Camden, 2012AP1451, District 4, 5/23/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court concluded a driver’s speeding was legally justified after accepting her testimony that she exceeded the speed limit in order to get away from a vehicle following in close proximity and copying her every move. The court of appeals reverses, concluding the defense of legal justification or “necessity”

Dane County v. Steven D. Koehn, 2012AP1718, District 4, 1/10/13

Court of appeals decision (1 judge; ineligible for publication); case activity

Motion to suppress evidence of intoxication properly denied because arresting officer had probable cause to administer a preliminary breath test. The court of appeals rejects Koehn’s claims that the officer’s failure to testify about the significance of the results of field sobriety tests means those results should have “minimal significance” in determining probable cause to administer the PBT:

¶10      I first conclude that,

State v. Stephen R. Tollaksen, Jr., 2012AP778-CR, District 4, 1/10/13

Court of appeals decision (1 judge; ineligible for publication); case activity

The court of appeals affirms the denial of motion to suppress evidence of blood test results where circuit court found that Tollaksen had not requested an additional test to determine the presence of alcohol in his system. The record supported the circuit court’s acceptance of the officer’s testimony that Tollaksen did not request an additional test,

State v. Brandon H. Bentdahl, 2012AP1426, District 4, 12/6/12; court of appeals decision (1-judge, ineligible for publication), petition for review granted 6/13/13; reversed, 2013 WI 106; case activity

A circuit court has discretionary authority to dismiss a refusal charge, § 343.305, after the defendant has pleaded guilty to the underlying OWI, State v. Brooks,

on review of unpublished decision; case activity

Issue (composed by On Point) 

Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearing.

Brefka filed a request for refusal hearing outside the 10-day time limit in § 343.305(9)(a)4. Does a court possess competence to extend that deadline? No dice, according to the court of appeals: “Section 343.305(9)(a)4. specifically mandates that if the request for a hearing is not received within the ten-day period, 

State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity

After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his testifying to this effect, that he submit to an HGN test outside the presence of the jury.

Winnebago County v. Anastasia G. Christenson, 2012AP1189, District 2, 10/31/12

court of appeals decision (1-judge, ineligible for publication); case activity

Probable Cause – PBT, § 343.303

¶11      At the time Putzer administered the PBT to Christenson, he was aware that she had driven her car into a ditch, smelled of “intoxicating beverages” around midnight on Saturday night/Sunday morning (a day and time that increases suspicion of alcohol consumption),

County of Fond du Lac v. Nancy C. Bush, 2012AP1486, District 2, 10/31/12

court of appeals decision (1-judge, ineligible for publication); case activity

Under the implied consent law, a motorist must, when properly requested to submit to a chemical test, answer “promptly,” State v. Neitzel, 95 Wis. 2d 191, 205, 289 N.W.2d 828 (1980), else failure to respond will be construed as refusal.

State v. William R. Hartman, 2011AP622, District 4, 9/20/12

court of appeals decision (1-judge, ineligible for publication); case activity

OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop

Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:

 ¶14      Accordingly, we reject the State’s contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.   

State v. Robert B. Sonnenberg, 2012AP1025, District 2, 9/19/12

court of appeals decision (1-judge, ineligible for publication); case activity

Evidence held sufficient to sustain Sonnenberg’s conviction for OWI-1st. He admitted that he drank some indeterminate amount of alcohol before his car had a flat tire and then drank more on the side of the road; after an officer encountered him, he performed poorly on FSTs and his blood draw resulted in a .184 BAC.