01-0421-CR State v. Dickey

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Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to be admitted into evidence. Dickey specifically contends there is no authority under the Implied Consent Law for a forcible blood withdrawal and that no evidence was presented that the blood withdrawal was completed by a person authorized to do so under Wis. Stat. sec. 343.305(5)(b). We agree that there was no evidence presented that the blood withdrawal

complied with the requirements of sec. 343.305(5)(b). We therefore reverse the judgment of conviction and remand this matter to the trial court to allow the State to demonstrate compliance with sec. 343.305(5)(b). If compliance cannot be shown, a new trial is ordered at which the results of the blood test must be suppressed.

This opinion will not be published.

Dist II, Sheboygan County, Stengel, J., Snyder, J.

Attorneys:

For Appellant: Chad A. Lanning, Elkhart Lake

For Respondent: Mary T. Wagner, Sheboygan