COURT OF APPEALS DECISION DATED AND RELEASED February 14, 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. 95-2533
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT II
STATE OF WISCONSIN,
Plaintiff-Respondent,
v.
MICHAEL P. O'MALLEY,
Defendant-Appellant.
APPEAL from an order of
the circuit court for Sheboygan County:
TIMOTHY M. VAN AKKEREN, Judge. Affirmed.
BROWN, J. The
trial court revoked Michael P. O'Malley's driving privileges for one year after
it found that his refusal to submit to a breathalyzer test was
unreasonable. See § 346.63(1)(a),
Stats. O'Malley now renews his argument that the informing the accused
form which was read to him was defective.
O'Malley 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 O'Malley'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. O'Malley's argument fails.
By the Court.—Order
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)4, Stats.