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OWI – Due Process – pre-Refusal Hearing Revocation

State v. Michael J. Carlson, 2002 WI App 44, PFR filed 1/17/02
For Carlson: Christopher A. Mutschler

Issue: Whether Carlson was entitled to have his refusal charge dismissed with prejudice because his driver’s license was improperly revoked for nineteen days before he was granted a hearing.

Holding: Due process protections — with respect to a hearing before loss of particular interests — are afforded under Mathews v. Eldridge, 424 U.S. 319 (1976). ¶12. Stressing the specific facts of this case (including loss of driving privileges for 19 days, and trial court’s recognition of error and grant of relief in form of hearing), the error was technical and nonprejudicial, and doesn’t warrant dismissal with prejudice. ¶¶20-27.

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