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STATE v. WALSTAD

No. 82-1864-CR.

119 Wis.2d 483 (1984)

351 N.W.2d 469

STATE of Wisconsin, Plaintiff-Respondent, v. Burdette O. WALSTAD, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 27, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Sarah B. O'Brien and Davis & O'Brien, Madison, and oral argument by Sarah B. O'Brien.

For the plaintiff-respondent there were briefs by Lauren Brown-Perry, assistant district attorney, with whom on the brief was Hal Harlowe, district attorney, and Jeffrey M. Gabrysiak, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general, and oral argument by Mr. Gabrysiak.

HEFFERNAN, C.J.

This is an appeal, taken on certification of the court of appeals, by Burdette O. Walstad from a conviction of the circuit court for Dane county, Mark A. Frankel, Circuit Judge, on a plea of no contest to a charge of operating a motor vehicle while under the influence of an intoxicant, in violation of sec. 346.63(1), Stats. 1979-80.

The issue posed is whether the results of a breathalyzer test should have been suppressed because the state,...

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