FOND DU LAC, WI (WTAQ) - A special prosecutor said today it was his decision to appeal the dropping of an alcohol-related charge against former state Senator Randy Hopper of Fond du Lac. Frank Endejan said the Fond du Lac County Sheriff’s Department had nothing to do with the appeal – even though Hopper’s lawyer said otherwise. Hopper was recalled from the state Legislature last August for his support of the limits on public union bargaining. Two months later, he was arrested for OWI and driving to the left-of-center while going home from a Packers’ game. In March, a jury found Hopper innocent of both charges, after the former lawmaker claimed he was being framed for his support of the union restrictions. In April, a judge dropped a charge that Hopper refused to take a breath test soon after being stopped – and that’s the charge being appealed. An officer failed to order a blood alcohol test, saying there was not enough evidence for it. But the special prosecutor said there was probable cause to ask for the test – and he wants a judge to decide whether the officer had that authority. Endejan told the Fond du Lac Reporter quote, “There’s no conspiracy or some nonsense that I am aware of.” During his trial, he said Fond du Lac County employees were out to get him – including sheriff’s officers who are exempt from the union bargaining limits.