Wisconsin Supreme Court will hear case in which driver refused
Feb. 21, 2012 – The Wisconsin Supreme Court may soon decide
whether reasonable suspicion to stop a vehicle is an issue that can be
raised at the “refusal hearing” stage when a person refuses
Dimitri Anagnos requested a
refusal hearing after receiving notice that his driving privileges would
be revoked. Under Wis. Stat. section 343.305,
a person’s license can be revoked if they fail to take a chemical
test at the request of law enforcement. The fact of refusal can also be
used in court.
Anagnos was pulled over by police and refused to take a chemical test
at their request. Ultimately, they arrested him for operating while
intoxicated, first offense. At his refusal hearing, he argued that his
license should not be revoked because police did not have reasonable
suspicion to stop his car.
The circuit court agreed. It suppressed all evidence obtained from the
stop and concluded that Anagnos’s refusal to submit to chemical
testing was reasonable. An appeals
court affirmed, explaining that police do not have authority to
request chemical testing if they don’t have probable cause.
On appeal to the supreme court, the state is arguing that standards of
probable cause determinations are different at refusal hearings than at
The state says the court of appeal’s interpretation is contrary
to the purpose of the implied consent law and would dramatically alter
the scope of refusal hearings.
all drivers impliedly consent to chemical and other testing when they
drive on public roads and highways in the state and an officer requests
testing upon arrest for OWI or related charges.
The case is State. v. Anagnos,
The Wisconsin Supreme Court also accepted review of State
v. Lemoine, 2010AP2597-CR. In that case, defendant Dennis
Lemoine asks the supreme court to review lower court decisions on
whether statements he made to police were voluntary and properly
admitted, and if the admission of his statements was harmless error.
Lemoine was convicted for sexually assaulting a seven-year-old girl, but
argues that police coerced him into making incriminating statements.
These summaries were derived from full
summaries on the Wisconsin Court System website, which includes a
list of cases denied review by supreme court.