02-0943-CR State v. Montelius

By: dmc-admin//February 17, 2003//

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The State of Wisconsin appeals from an order dismissing count two, operating a motor vehicle with a prohibited alcohol concentration of .1% or more, in a criminal complaint against Stanley Montelius, and suppressing all breath alcohol test evidence in the case. The State argues that the trial court erred when it ordered inspection and testing of the Breathalyzer device because Montelius failed to timely make the discovery request and failed to show good cause.

Because this court concludes that the trial court erred when it declined to enforce the time and good cause requirements set forth in Wis. Stat. Sec. 345.421 (1999-2000), the order is reversed and cause remanded for further proceedings consistent with this opinion.

This opinion will not be published.

Dist I, Milwaukee County, Ashley, J., Wedemeyer, P.J.

Attorneys:

For Appellant: Michael T. Mahoney, Milwaukee

For Respondent: Joseph F. Owens, New Berlin

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