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STATE v. STARY

No. 94-1102-CR.

187 Wis.2d 266 (1994)

522 N.W.2d 32

STATE of Wisconsin, Plaintiff-Appellant, v. Shawn W. STARY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 30, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Rod W. Smeltzer, assistant district attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of John D. Lubarsky, assistant state public defender.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE P.J.

The State appeals an order appeals an order suppressing the results of a breath test in this prosecution for the violation of § 346.63(1)(a) and 346.63(1)(b), STATS., operating a motor vehicle while under the influence of an intoxicant and operating a motor vehicle while having a prohibited blood alcohol concentration of .10% or more. The State argues that the trial court erroneously ruled the results of the breath test must be suppressed because law...

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