Motor Vehicles – OWI — presumption of accuracy

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — presumption of accuracy

Mark Schrick appeals a judgment of conviction for operating with a prohibited alcohol concentration in violation of Wis. Stat. § 346.63(1)(b). Schrick asserts that evidence presented at trial showed that the arresting officer did not continuously observe Schrick for twenty minutes or remove his dentures before administering the chemical test of his breath. Therefore, Schrick argues, the circuit court erred in denying his motion for a directed verdict, there was insufficient evidence to support a conviction for operating with a prohibited alcohol concentration, and the circuit court erred by instructing the jury on the presumptions that attach to a breath test. For the reasons set forth below, I affirm the circuit court’s judgment. This opinion will not be published.

2013AP1166-CR State v. Schrick

Dist IV, Jackson County, Ziegler, J., Kloppenburg, J.

Attorneys: For Appellant: Ruby, Cole Daniel, Baraboo; For Respondent: Weber, Gregory M., Madison; Fox, Gerald R., Black River Falls