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IN RE SMITH

No. 2006AP3163.

746 N.W.2d 243 (2008)

2008 WI 23

In the Matter of the Refusal of Eric D. SMITH: Washburn County, Plaintiff-Respondent, v. Eric D. Smith, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided March 28, 2008.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Kevin J. Mulrooney, Kirk B. Obear, and Melowski, Obear & Cohen, S.C., Elkhart Lake, and oral argument by Kirk B. Obear.

For the plaintiff-respondent there was a brief and oral argument by Daniel J. Tolan, Assistant District Attorney.

¶ 1 SHIRLEY S. ABRAHAMSON, C.J.

The defendant, Eric D, Smith, seeks review of an unpublished decision of the court of appeals affirming an order of the Circuit Court for Washburn County, Eugene D. Harrington, Judge.1 At a statutory refusal hearing, the circuit court revoked the defendant's operating privileges for refusing to submit to a test to determine the presence or quantity of alcohol. The circuit court determined that the defendant...

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