MADISON, Wis. (AP) — The Wisconsin Supreme Court has upheld the drunken driving conviction in a case where Justice David Prosser withdrew after he or his staff apparently contacted the state crime lab for information.
The court ruled 6-0 on Thursday with Prosser not participating.
The case involved Michael Griep, who was convicted of third offense drunken driving in 2007.
Griep challenged his conviction, arguing that his right to confront a witness was violated because a crime lab supervisor testified about a co-worker’s determination that his blood alcohol level was above the legal limit.
The Supreme Court determined the testimony was allowed under exceptions to the law. It upheld a state appeals court ruling which also agreed with the conviction.