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01-2667-CR State v. Carson

By: dmc-admin//July 30, 2002//

01-2667-CR State v. Carson

By: dmc-admin//July 30, 2002//

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Bruce L. Carson appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Carson pled no contest to the charge following the trial court’s denial of his motion to suppress evidence of his blood test results obtained pursuant to the Implied Consent Law, Wis. Stat. sec. 343.305. On appeal, Carson challenges the trial court’s denial of his motion to suppress on three grounds: (1) he was improperly denied an alternate test as mandated by sec. 343.305; (2) the testimony of a defense witness should have been allowed under the excited utterance exception to the hearsay rule, pursuant to Wis. Stat. sec. 908.03(2); and (3) the evidence of the blood test results should not have been admitted in evidence because the “chain of custody” of the blood vials was inadequate.

We reject Carson’s arguments and affirm the judgment.

This opinion will not be published.

Dist II, Kenosha County, Wilk, J., Nettesheim, P.J.

Attorneys:

For Appellant: Walter W. Stern, Union Grove

For Respondent: Richard A. Ginkowski, Kenosha

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