This was a Northern County in Wisconsin, unaccustomed to aggressive defense, and the judge thought he could throw Kirk for a loop by scheduling a refusal hearing three days from the filing date. Kirk immediately obtained critical evidence and proceeded with litigating the hearing. At the end of the day, the judge agreed with Kirk that the arresting officer did not have probable cause and dismissed the refusal allegation. Kirk then filed a motion requesting that all evidence in the OWI case be dismissed.