OWI – Court Error – Breath Test Results

By: Derek Hawkins//January 6, 2020//

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WI Court of Appeals – District III

Case Name: Langlade County v. Travis Lee Lettau

Case No.: 2019AP68

Officials: SEIDL, J.

Focus: OWI – Court Error – Breath Test Results

Langlade County appeals a judgment dismissing charges against Travis Lettau of operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC), both as first offenses. The case was tried to the circuit court without a jury, and the court found Lettau not guilty of both charges. The County argues that the court erred by failing to apply the evidentiary presumptions afforded to Lettau’s breath test result set forth in WIS. STAT. § 885.235. It further asserts that had the court properly applied § 885.235, the County met its burden of proof on both citations. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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