840 N.W.2d 704
Wis.2013Background
- Bentdahl was arrested for OWI and PAC on Nov. 17, 2010 and refused chemical testing.
- He received notice of the State's intent to revoke his operating privileges for the refusal under Wis. Stat. § 343.305(9).
- Bentdahl did not request a refusal hearing within the ten-day limit.
- He pled not guilty to the OWI and PAC charges; a jury later acquitted him on Jan. 5, 2012.
- The circuit court later dismissed the refusal charge based on purported improper notice, which the court of appeals reversed in part, remanding for discretionary dismissal analysis.
- The Supreme Court held Brooks does not apply to this set of facts and that the ten-day deadline is mandatory; case remanded to impose penalties for the refusal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks applies when defendant pleads not guilty. | State contends Brooks extends to other facts. | Bentdahl argues Brooks should apply only when guilty plea exists. | Brooks does not apply when not guilty plea is entered. |
| Whether circuit court has discretion to dismiss when no request within ten days. | State argues discretion should exist. | Bentdahl argues discretion is warranted. | Circuit court has no discretion if no timely hearing request. |
| Whether ten-day limit is mandatory. | State asserts limited excusable neglect considerations. | Bentdahl relies on potential flexibility. | Ten-day limit is mandatory; no extension allowed. |
| Whether notice issues affected the appealability. | State argued adverse decision supports appeal. | Bentdahl challenged only notice; his position diverged. | Court deeming the appeal partially adverse allows review. |
| Whether remand to impose penalties is appropriate. | State seeks revocation penalties for refusal. | Bentdahl challenges the rationale for penalties. | Remand for imposition of penalties due to refusal and untimely hearing. |
Key Cases Cited
- State v. Brooks, 113 Wis. 2d 347 (1983) (discretionary dismissal of refusal where guilty plea timely occurred)
- Vill. of Elm Grove v. Brefka, 348 Wis.2d 282 (2013) (ten-day hearing deadline mandatory; no excusable neglect extension)
- Neitzel, 95 Wis.2d 191 (1980) (purpose of implied consent to secure OWI convictions)
- Anagnos, 341 Wis.2d 576 (2012) (describes 2009-10 version of Wis. Stat. § 343.305)
- State v. Castillo, 213 Wis.2d 488 (1997) (adverse decision concept for review)