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CITY OF WAUPACA v. JAVORSKI

No. 95-1033.

198 Wis.2d 563 (1995)

543 N.W.2d 507

CITY OF WAUPACA, Plaintiff-Respondent, v. Mark D. JAVORSKI, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 16, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael C. Witt of Kalal & Associates of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of Kaye E. Anderson, assistant city attorney, of Waupaca, and James E. Doyle, attorney general, with Jerome S. Schmidt, assistant attorney general.

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

EICH, C.J.

Mark Javorski appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). He claims that the results of a blood test which comprised part of the evidence underlying his conviction should be suppressed, and his conviction overturned, because he was misinformed and misled as to his right to alternative testing under the implied consent law.

We agree that the manner in which...

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