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Appeals court clears ex-state Sen. Hopper of refusal to take breath test

WAUKESHA, WI (WTAQ) - Former state Senator Randy Hopper of Fond du Lac has been cleared of a charge related to his 2011 drunk driving arrest. 

Wednesday morning, the Second District Court of Appeals in Waukesha upheld a circuit court ruling that dropped a charge of refusing to take a breath test. That was when Hopper was confronted by police after he drove into a grocery store parking lot, where he was told that witnesses saw him driving drunk on his way home from a Packers' game two months after he lost his Senate seat. 

He was also charged with drunk driving. A jury later found him not guilty of that count, after Hopper convinced them that his arrest was politically-motivated. 

Wednesday, the appellate court said Hopper should also be cleared of not taking a breath test, because Fond du Lac County prosecutors failed to make the required arguments before a trial court on that count. 

Hopper, who's now 47, later became the head of the Sheboygan County Economic Development Corporation. He resigned from that post after being arrested, reportedly for a fight with another man at his ex-wife's home. 

Online court records do not list any charges in that case.