State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶7 … Because the implied consent law makes no provision for the right to counsel, an officer is correct to record a refusal if the arrestee insists on speaking to an attorney before answering.…¶8 … County of Ozaukee v. Quelle, 198… Read more
4. Procedure
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: Administering Miranda rights prior to the “Informing the Accused” caution applicable to OWI does not invalidate the latter (at least where the motorist is concurrently under arrest for a separate crime): ¶14 There is no dispute that Thomas read Kliss the Miranda warning… Read more
State v. Patrick J. Fahey, 2005 WI App 171 Issue: Whether requested alternative testing at agency expense is deemed a “request” within § 343.305(5)(a) where made after driver was released from custody, left police department, and then returned about 15 minutes later, ¶7. Holding: ¶14 … The State, in keeping with the circuit court’s decision, argues… Read more
State v. James A. Schmidt, 2004 WI App 235 For Schmidt: Daniel S. Diehn Issue: Whether § 343.305(5)(a) requires that the driver request an additional test after the police have administered the primary test and, if not, whether Schmidt’s pre-blood draw request for a breathalyzer was properly rejected. Holding: ¶11. Although Wis. Stat. § 343.305(4) and (5) use… Read more
State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue: Whether reading the “Informing the Accused” form in English to a non-English speaking driver was an unreasonable way of conveying required implied consent warnings. Holding: ¶21. Kennedy did not attempt to obtain an interpreter. When Kennedy read the Informing the Accused in… Read more
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: ¶10 WISCONSIN STAT. § 343.305(5)(a) requires police to offer an alternative chemical test to persons who submit to a chemical test under § 343.305 and who request an alternative test. … ¶12 The record shows that after Keith’s arrest, while traveling… Read more
State v. Richard L. Verkler, 2003 WI App 37 For Verkler: Christopher A. Mutschler Issue/Holding: ¶1. In State v. Reitter, 227 Wis. 2d 213, 217-18, 595 N.W. 2d 646 (1999), our supreme court held that law officers are under no affirmative duty to advise custodial defendants that the right to counsel does not apply to the… Read more
Village of Little Chute v. Todd A. Walitalo, 2002 WI App 211, PFR filed 8/1/02 For Walitalo: Ralph A. Kalal Issue/Holding: ¶11. However, the arresting officer, by reading the informing the accused form, simply stated the truth: If Walitalo refused to submit to a chemical test, his driving privileges would be revoked. This statement did not involve… Read more
