A Walworth County judge has revoked the driver’s license of a Lake in the Hills police sergeant – who also is a Hebron trustee – for one year after finding probable cause he was intoxicated while driving.
Mark Mogan, 49, of Hebron was arrested by Lake Geneva, Wisconsin, police last December after he allegedly drove intoxicated about 5:20 p.m. Dec. 27 and struck 29-year-old Samantha Norris, who was crossing the road at Edwards Boulevard and Route 120 in Lake Geneva.
The woman was taken in critical condition to Froedtert Hospital in Wauwatosa, Wisconsin, where she died days later, authorities have said.
Mogan appeared in court Wednesday with his attorney, Larry Steen, for a refusal hearing. The hearing determines whether someone’s refusal of a breath or blood test for the presence of intoxicants was unlawful, and whether there was probable cause for officers to believe he was operating a motor vehicle while intoxicated.
Walworth County Judge Phil Koss determined that Mogan’s refusal to submit to a blood test after the crash was not proper, Steen said.
In addition to revoking his driver’s license, Koss ordered that Mogan install an ignition interlock device in his vehicle and required that he complete a court-ordered alcohol or substance abuse assessment.
Steen said two Lake Geneva police officers took the stand Wednesday and testified that they could smell alcohol on Mogan’s breath after the crash. Mogan refused to give a preliminary breath test and a field sobriety test.
He also was asked at the police station if he would consent to a blood test, and he refused that, as well. Officers were able to take a blood sample from Mogan after executing a search warrant.
Mogan has not been charged with a criminal offense, but he was arrested on suspicion of driving while intoxicated. He posted a $5,000 cash bond Dec. 28, according to jail records.
Steen said his client told police he had a green-to-yellow light when arriving at the intersection, meaning that Norris had a red light that advised her not to walk across the road.
Steen and his client are now waiting to see whether Mogan will be criminally charged, although Steen said he is unsure what his client could be charged with.
“He violated no traffic laws, it was dark, he had a green light, and the poor girl stepped in front of the vehicle for reasons we will never know,” he said.
Mogan has been with the Lake in the Hills Police Department for about 23 years. He also filed to run for Hebron village president in the April 4 consolidated election against John Jacobson, who faces gun and drug charges after his most recent arrest.
Mogan next will appear in court March 16.