IN RE REFUSAL OF KLISS

No. 2006AP113.

728 N.W.2d 9 (2006)

2007 WI App 13

In the Matter of the REFUSAL OF Darren A. KLISS. State of Wisconsin, Plaintiff-Respondent, v. Darren A. Kliss, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 6, 2006.


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 briefs of Wallace K. McDonell of Harrison, Williams, McDonell & Swatek, L.L.P., Whitewater and Michael C. Sanders, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before SNYDER, P.J., and NETTESHEIM and ANDERSON, JJ.


¶ 1 SNYDER, P.J.

Darren A. Kliss appeals from an order holding that he unlawfully refused to submit to an evidentiary chemical test, contrary to WIS. STAT. § 343.305(9) (2003-04).1 Kliss contends that the circuit court applied an improper legal standard when it determined that an oversupply of information did not interfere with his ability to make a choice under the implied consent law. Specifically, he argues that the court...

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