Ex-senator Hopper cleared of refusing alcohol breath test

Ex-senator Hopper cleared of refusing alcohol breath test

By the Associated Press. CREATED Apr 26, 2012

FOND DU LAC, Wis. (AP) -- A former state senator who claims politics played a role in his arrest for drunken driving has won another round in court.

A Fond du Lac County judge has dismissed a charge of refusing to take an alcohol breath test against Randy Hopper. The dismissal comes a month after a jury acquitted Hopper of drunken driving.

Hopper's attorney argued the witnesses who reported Hopper swerving on Highway 151 last October had signed recall petitions. The Fond du Lac Republican voted for eliminating collective bargaining for most state employees and was recalled from office.

Defense attorney Dennis Melowski pointed out the state never introduced the dash camera video of Hopper successfully performing a field sobriety test.

The Reporter (http://fondul.ac/Iq3foq ) says a special prosecutor agreed to rely on the trial record for the refusal case.

Information from: The Reporter, http://www.fdlreporter.com