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IN RE ANAGNOS

No. 2010AP1812.

805 N.W.2d 722 (2011)

2011 WI App 118

In the Matter of the Refusal of Dimitrius ANAGNOS. State of Wisconsin, Plaintiff-Appellant, v. Dimitrius Anagnos, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 27, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Zeke S. Wiedenfeld , assistant district attorney, and Phillip A. Koss , district attorney, Elkhorn.

On behalf of the defendant-respondent, the cause was submitted on the brief of Barry S. Cohen of Barry S. Cohen, S.C., Elkhart Lake.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

REILLY, J.1

¶ 1 Dimitrius Anagnos refused to take a chemical test after his arrest for operating a motor vehicle while intoxicated (OWI). Anagnos requested a refusal hearing. At the refusal hearing, the circuit court dismissed the State's case, concluding that Anagnos's refusal to take the chemical test was lawful as the deputy did not have reasonable suspicion to stop Anagnos.

¶ 2 The State appeals and raises two issues...

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