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STATE v. KASIAN

No. 96-1603-CR.

207 Wis.2d 611 (1996)

558 N.W.2d 687

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald KASIAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 27, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Joel H. Rosenthal of Luck & Rosenthal, S.C. of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney, and Ted S. Szczupakiewicz, assistant district attorney, of Waukesha.

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

NETTESHEIM, J.

Gerald Kasian appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) pursuant to § 346.63(1)(a), STATS. The principal issue on appeal is whether the circuit court was obligated on grounds of issue preclusion to follow a prior administrative determination by the Department of Transportation (DOT) that probable cause did not support Kasian's arrest. We uphold the circuit court's ruling that it was not precluded...

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