Opinion
No. 2013AP1510.
2014-03-6
In the matter of the refusal of Randy S. TOMAW. Marquette County, Plaintiff–Respondent, v. Randy S. Tomaw, Defendant–Appellant.
308 Wis.2d 65, ¶ 36, 746 N.W.2d 243. The distinguishable facts in the instant case that support Tomaw's argument are that Tomaw pulled over immediately, was not observed to drive across the centerline, and did not admit to drinking over a lengthy time period. On the other hand, the deputy in Smith lacked observation of other significant clues such as a noticeable body sway and an initial denial of drinking, both present here.