STATE v. MOLINE

No. 91-2622.

170 Wis.2d 531 (1992)

489 N.W.2d 667

STATE of Wisconsin, Plaintiff-Respondent, v. Richard E. MOLINE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 12, 1992.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Mark S. Knutson and Michael C. Witt of William A. Pangman & Associates, S.C. of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Steven J. Watson, assistant district attorney.

Before Nettesheim, P.J., Brown and Anderson, JJ.


BROWN, J.

In this case involving a refusal to submit to an implied consent blood alcohol test, the officer did not immediately prepare and serve a Notice of Intent to Revoke form following refusal. There are two issues: Does the statute so mandate? If so, does eventual service provide sufficient notice to satisfy due process and give the court personal jurisdiction? We hold that, although the statute contemplates immediate preparation and service following refusal...

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