00-2900, 01-0319 State v. Brycki

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Steven W. Brycki appeals from a judgment entered on a jury verdict convicting him of driving with a prohibited blood-alcohol concentration, and from the trial court’s order revoking his privilege to drive an automobile for two years as a consequence of Brycki’s refusal to submit to a blood-alcohol test of his breath. He raises the following claims of trial-court error: 1) that the officer who stopped Brycki while Brycki was driving did so unlawfully, and thus the trial court should have dismissed the charges against him; 2) that the results of the tests done on Brycki’s blood should have been excluded because the State allegedly did not fully comply with Brycki’s right to discovery; 3) that the trial court should not have received into evidence the results of the tests done on Brycki’s blood because the State did not establish that the person who drew Brycki’s blood was authorized to do so; and 4) that the trial court should not have received into evidence the results of the tests done on Brycki’s blood because there was an insufficient chain of custody for the blood.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, Ashley, J., Fine, J.

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Benbow P. Cheesman Jr., Milwaukee; Thomas J. McAdams, Milwaukee