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Suppression of Evidence – Blood Test

By: WISCONSIN LAW JOURNAL STAFF//February 13, 2023//

Suppression of Evidence – Blood Test

By: WISCONSIN LAW JOURNAL STAFF//February 13, 2023//

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WI Court of Appeals – District III

Case Name: County of Dunn v. Kevin J. Cormican

Case No.: 2020AP001895

Officials: Gill, J.

Focus: Suppression of Evidence – Blood Test

Following a bench trial, the circuit court found Kevin Cormican guilty of operating a motor vehicle while intoxicated (OWI), as a first offense. Cormican now appeals, arguing that the court erred by denying his motion to suppress the results of an evidentiary chemical test of his blood. Cormican argues that his consent to the blood test was invalid because the arresting deputy provided additional information, beyond that set forth on the Informing the Accused Form (“ITA Form”), which was misleading and affected his decision to consent to the blood test. Cormican also argues that his consent to the blood test was involuntary under the totality of the circumstances. The appeals court rejects these arguments.

Affirmed

Decided 02/07/23

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