State v. Carlson

¶ 1. Michael J. Carlson appeals a circuit court order finding "unreasonable" 1 his refusal to submit to a chemical test requested pursuant to Wis. Stat. § 343.305 (1999-2000). 2 Carlson seeks dismissal of his refusal conviction based on claims of procedural error. First, he argues that the court lacked the authority to appoint, or to accept the appointment of, a special prosecutor in this case because the statute authorizing the use of special prosecutors is limited to cases that are not civil. Second, he argues that the refusal charge should be dismissed with prejudice because he was…