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01-0310-CR State v. Costello

By: dmc-admin//November 5, 2001//

01-0310-CR State v. Costello

By: dmc-admin//November 5, 2001//

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Shaun A. Costello appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Costello argues that the trial court erred in denying his motion to suppress the results of a blood test taken without a warrant. Costello argues that the blood test was unreasonable because he had submitted to a preliminary breath test and was willing to submit to a second breath test. Costello additionally argues that the blood sample was taken in violation of the Fourth Amendment to the United States Constitution because there were no exigent circumstances. We reject Costello’s arguments.

We affirm the trial court’s order and the judgment of conviction.

This opinion will not be published.

Dist II, Walworth County, Gibbs, J., Nettesheim, P.J.

Attorneys:

For Appellant: John R. Dade, Whitewater

For Respondent: Christine L. Hansen, Elkhorn

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