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2010AP2607 City of Sun Prairie v. Smith

By: WISCONSIN LAW JOURNAL STAFF//May 26, 2011//

2010AP2607 City of Sun Prairie v. Smith

By: WISCONSIN LAW JOURNAL STAFF//May 26, 2011//

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Motor Vehicles
OWI; alternative tests

Michael Smith appeals the order denying his motion to suppress evidence and the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC), in violation of Wis. Stat. § 346.63(1)(a) and (b). Smith contends that the results of his chemical breath test should have been suppressed because police violated § 343.305(5)(a) by failing to give him a blood test after the breath test, despite his request that he be given a blood test. We conclude the circuit court properly denied Smith’s motion because Smith did not request an additional test. Accordingly, we affirm. This opinion will not be published.

2010AP2607 City of Sun Prairie v. Smith

Dist IV, Dane County, Ehlke, J., Vergeront, P.J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Evert, Paul F., Sun Prairie

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