State v. Brooks

This is a review of an unpublished decision of the court of appeals dated November 22, 1982, which held that the circuit court for Milwaukee county, THOMAS P. DOHERTY, Judge, abused its discretion when it dismissed a proceeding charging Albert E. Brooks with unlawfully refusing to submit to a chemical-intoxication test required by the provisions of sec. 343.305, Stats., the implied consent law. We reverse the decision of the court of appeals because the circuit court appropriately exercised its discretion to dismiss when it based the dismissal upon the fact that Brooks had pleaded guilty to…