(DOWNLOAD) "County Ozaukee v. Nancy L. Quelle" by In the United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: County Ozaukee v. Nancy L. Quelle
- Author : In the United States Court of Appeals for the Third Circuit
- Release Date : January 22, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
BROWN, J. Nancy L. Quelle pled no contest to a charge of operating her vehicle while intoxicated. She now argues that the trial court erred in denying her motion to suppress the results of her breath alcohol test because the arresting officer did not accurately or completely inform her about Wisconsins implied consent law. She asserts she was subjectively confused by the officers conduct. She argues that while a "subjective confusion" defense has not to this point been judicially recognized in Wisconsin, its viability was acknowledged by our supreme court in Village of Oregon v. Bryant , 188 Wis. 2d 680, 524 N.W.2d 635 (1994). We conclude that the "subjective confusion" language in the decision is mere dicta and that the court did not intend to launch such a defense. Therefore, after reviewing existing case law, we hold that Quelles test was valid.