(DOWNLOAD) "County of Iowa v. Klinger" by Wisconsin Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: County of Iowa v. Klinger
- Author : Wisconsin Court of Appeals
- Release Date : January 27, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1. Leon Klinger appeals the judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.163(1)(a) (1999-2000). He contends the trial court erred in denying his motion to suppress the result of the analysis of his blood. Klinger argued in the trial court, as he does on appeal, that he did not validly and voluntarily consent to the taking of a sample of his blood. Under Wis. Stat. § 343.305(2), any person operating a motor vehicle is deemed to have given consent to tests to determine the presence or quantity of alcohol in the persons breath or blood when the person is arrested for a violation of § 346.163(1); license revocation is the penalty if a person refuses to submit to the tests after certain statutory conditions and procedures are complied with. Section 343.305(3)-(10). Klingers argument is that the implied consent statute, § 343.305, is unconstitutional because it forces an individual to choose between abandoning his or her Fourth Amendment protection against unreasonable searches and seizures and suffering the sanction of lost driving privileges. The trial court concluded it was not unconstitutional, and we affirm.
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