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STATE v. PADLEY

No. 2013AP852-CR.

849 N.W.2d 867 (2014)

354 Wis.2d 545

2014 WI App 65

STATE of Wisconsin, Plaintiff-Respondent, v. Megan A. PADLEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 22, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Marcus J. Berghahn and John D. Hyland of Hurley, Burish & Stanton, S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas J. Balistreri , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BLANCHARD, P.J., LUNDSTEN and SHERMAN, JJ.

BLANCHARD, P.J.

¶ 1 Megan Padley was the driver of a vehicle involved in a fatal crash. There is no dispute that a sheriff's deputy who investigated the crash, and who subsequently directed a draw of Padley's blood, lacked probable cause to believe that Padley had alcohol or a controlled substance in her system. Nonetheless, relying on an amendment to the implied consent law effective as of 2010, WIS. STAT. § 343.305(3)(ar)2. (2011-12),

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