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l. PBT

State v. Jude W. Giles, 2018AP1967-CR, District 3, 10/8/19 (one-judge decision; ineligible for publication); case activity (including briefs) Jude’s sought to admit the results of his preliminary breath test results (.076) to lay a foundation for his expert’s opinion that alcohol was still being absorbed into his blood, making the state hygiene lab’s blood test… Read More

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State v. Dale R. Delvoye, 2017AP833, 7/3/18, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) At Delvoye’s OWI trial, an officer testified that as part of the stop he asked Delvoye to take a preliminary breath test. Counsel objected and moved for a mistrial. The trial court denied the mistrial, and the… Read More

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City of New Berlin v. Bryon R. Hrin, 2016AP239, District 2, 2/15/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court properly exercised its discretion in denying a mistrial after the arresting officer’s testified that, having completed the field sobriety tests, he “administered a preliminary breath test, PBT.” (¶4). In the course of deciding… Read More

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State v. Luis M. Rocha-Mayo, 2014 WI 57, affirming an unpublished court of appeals decision; 7/11/14; majority opinion by Justice Crooks; case activity Why tackle thorny legal issues surrounding Wis. Stat. §343.303’s prohibition against the use of PBTs at OWI trials when you can decide the case on harmless error grounds?  In this case, the PBT was… Read More

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Review of per curiam court of appeals decision; case activity Issue (composed by On Point) Whether Wis.  Stat. § 343.303, which bars the admission of certain preliminary breath test results in motor vehicle prosecutions, applies to PBT results obtained by Emergency Room staff? Issue (again, composed by On Point) WIS JI- Criminal 1185, which is based upon… Read More

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City of Mequon v. Michael R. Wilt, 2011AP931, District 2, 11/9/11 court of appeals decision (1-judge, not for publication); for Wilt: Walter Arthur Piel, Jr.; case activity Because the trial court in this bench trial did not rely on the breath test result in finding Wilt guilty of OWI, therefore his argument that the PBT result was… Read More

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