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Motor Vehicles – OWI — sufficiency of the evidence — breath tests

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

Motor Vehicles – OWI — sufficiency of the evidence — breath tests

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — sufficiency of the evidence — breath tests

Michael R. Wilt appeals from a judgment of conviction for operating while under the influence of an intoxicant or other drug (OWI). See Wis. Stat. § 346.63(1)(a). He claims the trial court erred in admitting the breath test result where there was no showing that the test was administered within the three-hour limit as required by Wis. Stat. § 885.235(3) and where there was no expert testimony to support the admission of the test—required if the three-hour showing is not met. He also claims that without the admission of the breath test result, the evidence was not sufficient to establish that Wilt operated a motor vehicle while under the influence. Because the evidence without the breath test result is sufficient to support the trial court finding that Wilt was guilty of OWI and because the trial court did not allude to the breath test in support of its finding, we affirm. This opinion will not be published.

2011AP931 City of Mequon v. Wilt

Dist II, Ozaukee County, Malloy, J., Nettesheim, J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: DeStefanis, Nicholas John, Germantown

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