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CITY OF PRAIRIE DU CHIEN v. EVANS

No. 80-383.

100 Wis.2d 358 (1981)

302 N.W.2d 61

CITY OF PRAIRIE DU CHIEN, Plaintiff-Respondent, v. Gerald J. EVANS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 22, 1981.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Gregory W. Wagner and The Legal Clinic, S.C. of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Albert Harriman, assistant attorney general.

Before Gartzke, P.J., Bablitch, J., and Dykman, J.

GARTZKE, P.J.

The defendant was charged with operating a motor vehicle in December, 1979, while under the influence of an intoxicant in violation of a city ordinance adopting sec. 346.63(1), Stats., and with refusing to take a test for intoxicants as required by sec. 343.305, Stats.1 The city stipulated that the refusal was reasonable in return for defendant's plea of no contest to the charge of operating while intoxicated. The trial court...

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