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Home / Case Digests / 01-1632-CR State v. Brazee

01-1632-CR State v. Brazee

Corrine Brazee appeals her conviction for third offense operating a motor vehicle while under the influence of an intoxicant (OWI). She claims that the circuit court erred by rejecting her motion to suppress blood test results on the basis of issue preclusion. Brazee argues that the State was estopped from arguing that Wisconsin’s implied consent law does not provide the exclusive remedy when an OWI suspect refuses to submit to chemical testing to determine blood-alcohol content. This court concludes that there are public policy factors that would render application of issue preclusion fundamentally unfair to the State.

Therefore, the circuit court’s judgment is affirmed.

This opinion will not be published.

Dist III, Outagamie County, Luebke, J., Hoover, P.J.

Attorneys:

For Appellant: Christopher A. Mutschler, Fond du Lac

For Respondent: Vincent R. Biskupic, Appleton; Michelle Louise Pennewell, Appleton


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