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STATE v. MCCROSSEN

No. 85-0965-CR.

129 Wis.2d 277 (1986)

385 N.W.2d 161

STATE of Wisconsin, Plaintiff-Respondent, v. Diane McCROSSEN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 16, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by Louis B. Butler, Jr., assistant state public defender.

For the plaintiff-respondent there was a brief by Kirbie Knutson, assistant attorney general, and Bronson C. La Follette, attorney general, and oral argument by Daniel J. O'Brien, assistant attorney general.

STEINMETZ, J.

There are two issues in this case:

(1) Did the state's failure to provide the defendant an alternative test for determining alcohol concentration while she was under arrest for operating an automobile while under the influence of intoxicants violate due process and thereby require dismissal of the charge against her?

(2) Did the trial court's refusal to allow the defendant to present evidence...

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