Legal Opinion

State v. Myers (In re Myers)

Court of Appeals of Wisconsin

Decided August 9, 2018No. Appeal No. 2017AP2499Published

1Opinion of the Court

LUNDSTEN, P.J.1

¶ 1 Richard Rey Myers appeals a circuit court order concluding that Myers improperly refused to submit to a blood test under the implied consent law. Myers argues that his refusal cannot be held improper because his refusal was based on misinformation supplied by an officer regarding Myers' right to counsel. I reject this argument and affirm.

Background

¶ 2 Myers was the subject of an investigation for an intoxicated driving offense. During the course of this investigation, Myers refused an officer's request that Myers submit to a chemical test of his blood under the implied…

2Cases cited5 opinions

  1. State v. NeitzelWisconsin Supreme Court · 1980
  2. State v. ReitterWisconsin Supreme Court · 1999
  3. State v. BaratkaCourt of Appeals of Wisconsin · 2002
  4. State v. LudwigsonCourt of Appeals of Wisconsin · 1997
  5. State v. VerklerCourt of Appeals of Wisconsin · 2003

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