STATE v. BARATKA

No. 02-0770.

258 Wis.2d 342 (2002)

2002 WI App 288

654 N.W.2d 875

STATE of Wisconsin, Plaintiff-Respondent, v. Darin W. BARATKA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 1, 2002.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael C. Witt of Monogue & Witt, S.C., Jefferson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Patrick G. Schilling, Phillips.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. PETERSON, J.1

Darin W. Baratka appeals from an order revoking his driver's license because he unlawfully refused to submit to a chemical test, in violation of WIS. STAT. § 343.305(9). Baratka presents two arguments on appeal: (1) the trial court erred by determining that the State's failure to respond to requests for admission was excusable neglect; and (2) Baratka was not properly...

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