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STATE v. MC MASTER

No. 95-1159-CR.

198 Wis.2d 542 (1995)

543 N.W.2d 499

STATE of Wisconsin, Plaintiff-Respondent, v. Peter J. MC MASTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 8, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Daniel P. Fay and Joseph M. Amidon of Daniel P. Fay, S.C. of Pewaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

Before Anderson, P.J., Brown and Nettesheim, JJ.

ANDERSON, P.J.

Peter J. McMaster appeals from a judgment of the trial court where he was convicted of operating a motor vehicle with a prohibited blood alcohol concentration, contrary to § 346.63(1)(b), STATS. We conclude that criminal prosecution for operating a motor vehicle with a prohibited blood alcohol concentration subsequent to the administrative suspension of driving privileges does not violate the Double Jeopardy Clause of the Fifth Amendment to the...

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