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DANE COUNTY v. SHARPEE

No. 89-1282.

154 Wis.2d 515 (1990)

453 N.W.2d 508

COUNTY OF DANE, Plaintiff-Respondent, v. Gerald P. SHARPEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 25, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Ralph A. Kala of Kala & Habermehl, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of C. William Foust, district attorney, and Jonathan G. Kaiser, assistant district attorney.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Gerald P. Sharpee appeals from a judgment convicting him of operating a motor vehicle while intoxicated, contrary to a Dane County ordinance adopting sec. 346.63(1), Stats. The issue on appeal concerns only Sharpee's arrest: Is an arrest on probable cause for driving while intoxicated voided per se by a preliminary breath test, administered on the scene, that indicates a blood alcohol content of .01 percent...

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