STATE v. CARLSON

No. 01-1088.

250 Wis.2d 562 (2001)

2002 WI App 44

641 N.W.2d 451

STATE of Wisconsin, Plaintiff-Respondent, v. Michael J. CARLSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 19, 2001.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Christopher A. Mutschler of Anderegg & Mutschler, LLP, Fond du Lac.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael E. O'Rourke of Green Lake District Attorney's Office, Green Lake.

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


¶ 1. ANDERSON, J.

Michael J. Carlson appeals a circuit court order finding "unreasonable"1 his refusal to submit to a chemical test requested pursuant to WIS. STAT. § 343.305 (1999-2000).2 Carlson seeks dismissal of his refusal conviction based on claims of procedural error. First, he argues that the court lacked the authority to appoint, or to accept the...

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