VILLAGE OF ELKHART LAKE v. BORZYSKOWSKI

No. 84-1324.

123 Wis.2d 185 (1985)

366 N.W.2d 506

VILLAGE OF ELKHART LAKE, Plaintiff-Respondent, v. Robert A. BORZYSKOWSKI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 13, 1985.


Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of Jerome F. Pogodzinski, of Milwaukee.

For the plaintiff-respondent, the cause was submitted on the brief of L. Edward Stengel, district attorney, of Sheboygan.

For the State of Wisconsin, a supplemental brief was filed by Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


NETTESHEIM, J.

Robert A. Borzyskowski appeals from an order revoking his driver's license for six months because he refused to take a breathalyzer test. Borzyskowski contends that there was no probable cause to arrest him for operating a motor vehicle while under the influence of an intoxicant. He also challenges the trial court's finding that he improperly refused to take a breathalyzer test. In addition, Borzyskowski claims that the trial court lost jurisdiction...

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