Suppression of Evidence – Breath Chemical Test

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Craig R. Thatcher

Case No.: 2020AP001734

Officials: Gill, J.

Focus: Suppression of Evidence – Breath Chemical Test

Thatcher was cited for operating a motor vehicle with a prohibited alcohol concentration (PAC), as a first offense. The circuit court granted Thatcher’s motion to suppress the results of a chemical test of his breath. The court later denied the State’s motion to reconsider that decision. The court subsequently granted Thatcher’s motion to suppress the results of a secondary chemical test of his blood, and it then granted Thatcher’s motion to dismiss the PAC citation.

The State now appeals, arguing that the circuit court erred by granting Thatcher’s suppression motions and by denying the State’s motion for reconsideration. The appeals court  concludes that the court properly granted Thatcher’s motion to suppress the results of his breath test based on the State’s failure to timely file a brief disputing Thatcher’s arguments and  further concludes that the court did not erroneously exercise its discretion by denying the State’s motion to reconsider that decision. Finally, the appeals court concludes that the court properly granted Thatcher’s motion to suppress the results of the secondary blood test.

Affirmed.

Decided 02/07/23

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