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2010AP1124-FT Village of Pleasant Prairie v. Brunello

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2010//

2010AP1124-FT Village of Pleasant Prairie v. Brunello

By: WISCONSIN LAW JOURNAL STAFF//September 29, 2010//

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Motor Vehicles
OWI; alternative tests

Robert J. Brunello, Jr., appeals from an order denying his motion to suppress chemical test results. The trial court denied his suppression motion after determining Brunello’s early request for a blood test expressed his preference for the primary test rather than a demand for a blood test as the alternative test permitted by Wis. Stat. § 343.305(5). We conclude that the trial court was correct; Brunello’s statutory right to an alternative test was not violated. We uphold the trial court’s denial of Brunello’s motion to suppress and affirm the judgment of conviction. This opinion will not be published.

2010AP1124-FT Village of Pleasant Prairie v. Brunello

Dist II, Kenosha County, Warren, J., Anderson, J.

Attorneys: For Appellant: Easton, Joseph George, Kenosha; For Respondent: Mayew, Donald E., Kenosha

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