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STATE v. PISKULA

No. 91-2028-CR.

168 Wis.2d 135 (1992)

483 N.W.2d 250

STATE of Wisconsin, Plaintiff-Respondent, v. Gary A. PISKULA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 10, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey T. Jackomino of O'Melia, Schiek & McEldowney, S.C. of Rhinelander.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Ralph M. Uttke, district attorney.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Gary Piskula appeals an order of revocation for refusing to submit to an Intoxilyzer test. He argues that he was not properly advised of his rights under sec. 343.305(4), Stats., because he was not informed of sec. 343.305(4)(c)2 and 3, relating to a driver of a commercial vehicle. Therefore, he argues, his revocation must be vacated. Piskula also contends that sec. 343.305(4)(c) is inconsistent with Wis. Adm. Code sec. Trans 113.04(3)(e), and, therefore...

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