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Motor Vehicles – OWI — blood draws — reasonableness

By: WISCONSIN LAW JOURNAL STAFF//June 27, 2013//

Motor Vehicles – OWI — blood draws — reasonableness

By: WISCONSIN LAW JOURNAL STAFF//June 27, 2013//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — blood draws — reasonableness

Constance Osborne appeals a judgment of the circuit court finding her guilty of operating a motor vehicle with a prohibited alcohol concentration, as a third offense. Osborne argues that the circuit court erred when it denied her motion to exclude the results of a blood test that provided evidence that Osborne was intoxicated. Osborne argues that the blood test results should have been excluded because the method and manner of the blood draw were not reasonable and because the Emergency Medical Technician who administered the test was not a “person acting under the direction of a physician” as required by Wis. Stat. § 343.305(5)(b). I agree with the circuit court that the method and manner of the blood draw were reasonable, and that the Emergency Medical Technician was acting under the direction of a physician. I therefore affirm the circuit court. This opinion will not be published.

2012AP2540-CR State v. Osborne

Dist IV, Sauk County, Taggart, J., Lundsten, P.J.

Attorneys: For Appellant: Sarbacker, Steven J., Portage; For Respondent: Barrett, Patricia A., Baraboo; Weber, Gregory M., Madison; Mueller, Sue, Baraboo

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