01-1349-CR State v. Hart

By: dmc-admin//November 26, 2001//

By: dmc-admin//November 26, 2001//

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Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his brother’s preliminary breath test. He further argues that the trial court erred in giving Wis JI-Criminal 520 instruction to the jury after receiving a note from the jury that it was deadlocked.

We disagree with both these contentions and affirm the judgment of conviction.

This opinion will not be published.

Dist II, Waukesha County, Haughney, J., Snyder, J.

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Paul E. Bucher, Waukesha; Lesli S. Kasten, Waukesha; Robert J. Fletcher, Waukesha

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