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01-0379 City of Fort Atkinson v. Jonas

By: dmc-admin//July 2, 2001//

01-0379 City of Fort Atkinson v. Jonas

By: dmc-admin//July 2, 2001//

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Trish A. Jonas appeals her conviction for operating a motor vehicle with a prohibited alcohol content (PAC). She contends that the circuit court erred in refusing to suppress the results of her breath test because (1) the police interfered with her right to request an alternative test and (2) the Intoxilyzer 5000 used to test her breath was not entitled to a presumption of accuracy and reliability pursuant to Wis. Stat. sec. 343.305(6)(b) because it used new software that affected the analytical process. The circuit court denied the motion to suppress, and we affirm. This opinion will not be published.

Dist IV, Jefferson County, Koschnick, J., Roggensack, J.

Attorneys:

For Appellant: Michael C. Witt, Jefferson

For Respondent: David R. Westrick, Ft. Atkinson

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