2010AP2349 Columbia County v. Devos

By: WISCONSIN LAW JOURNAL STAFF//May 19, 2011//

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Motor Vehicles
OWI; implied consent

Mark Devos appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), contrary to Wis. Stat. § 346.63(1)(a), first offense. He contends the circuit court erred in denying his motion to suppress the results of a chemical test of his blood because the Department of Transportation violated the separation of powers doctrine by including language in the Informing the Accused form not authorized by Wis. Stat. § 343.305(4). We disagree and affirm. This opinion will not be published.

2010AP2349 Columbia County v. Devos

Dist IV, Columbia County, George, J., Sherman, J.

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Cross, Troy Dean, Portage

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