COURT OF
APPEALS DECISION DATED AND
RELEASED SEPTEMBER
4, 1996 |
NOTICE |
A party may file with the Supreme Court a petition to review an
adverse decision by the Court of Appeals.
See § 808.10 and Rule
809.62, Stats. |
This opinion is subject to further editing. If published, the official version will appear in the bound
volume of the Official Reports. |
No. 96-0736-FT
STATE OF WISCONSIN IN
COURT OF APPEALS
DISTRICT II
STATE
OF WISCONSIN,
Plaintiff-Respondent,
v.
BERNARD
B. KRIER,
Defendant-Appellant.
APPEAL
from an order of the circuit court for Ozaukee County: THOMAS R. WOLFGRAM, Judge. Affirmed.
ANDERSON,
P.J. On September 18, 1995, the defendant, Bernard
B. Krier, was arrested two separate times by the same officer for operating a
motor vehicle while under the influence of an intoxicant, contrary to §
346.63(1)(a), Stats. Both times the officer read the Informing
the Accused Form to Krier. Both times
Krier refused to submit to testing.
Consequently, Krier was provided with two separate notices of intent to
revoke operating privileges. Krier
requested refusal hearings, which were consolidated and held on February 26,
1996.
At
the hearing, the trial court revoked Krier’s driving privileges, two years for
the first refusal and three years for the second refusal, after it found that
his refusals to submit to a breathalyzer test were unreasonable. See § 343.305 (9), (10), Stats.
Krier now renews his argument that the Informing the Accused Form that
was read to him was defective.
Krier
focuses on how the form did not reveal that any possible sanction would require
proof that he had been “driving or operating a motor vehicle.” See § 343.305(4)(c), Stats.
Nonetheless, we need not address Krier’s specific theory because we find
that the supreme court’s decision in Village of Oregon v. Bryant,
188 Wis.2d 680, 524 N.W.2d 635 (1994), forecloses any claim that the form is
defective. There the court held that
the form provides “sufficient information” to the accused driver. Id. at 694, 524 N.W.2d at 640.
Prior
to the Bryant decision, this court has consistently held that the
Informing the Accused Form must be assessed against its substantial compliance
with the reasonable objectives of the statute.
See State v. Sutton, 177 Wis.2d 709, 715, 503
N.W.2d 326, 328 (Ct. App. 1993); State
v. Riley, 172 Wis.2d 452, 457‑58, 493 N.W.2d 401, 403 (Ct. App.
1992); State v. Piskula,
168 Wis.2d 135, 140‑41, 483 N.W.2d 250, 252 (Ct. App. 1992); State v. Muente, 159 Wis.2d
279, 280‑81, 464 N.W.2d 230, 231 (Ct. App. 1990). The form used by the arresting officer fully
advised Krier of his rights and the potential consequences of his refusal to
submit to a requested chemical test.
Krier does not dispute that. The
omission of the words “driving or operating a motor vehicle” does not affect
Krier being properly advised of his rights and penalties as recited in the
form.
The
trial court's order finding that Krier’s refusal to submit to the requested
chemical test was unreasonable is therefore affirmed.
By
the Court.—Order affirmed.
This
opinion will not be published. See
Rule 809.23(1)(b)4, Stats.