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STATE v. BALDWIN

Nos. 96-1013-CR, 96-2822.

212 Wis.2d 245 (1997)

569 N.W.2d 37

STATE of Wisconsin, Plaintiff-Respondent, v. Randall S. BALDWIN, Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. Gregory A. BUSCH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 2, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Christopher A. Mutschler and Michele A. Tjader of the Law Offices of Barry S. Cohen, S.C. of Elkhart Lake.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert J. Wells, District Attorney and Joseph DeCecco, Assistant District Attorney.

Before Brown, Nettesheim and Anderson, JJ.

ANDERSON J.

Randall S. Baldwin and Gregory A. Busch claim that the trial court erred in failing to suppress the breath test results from an untested, unevaluated and unapproved Intoxilyzer Model 5000, Series 6400. We reverse Busch's conviction for operating a motor vehicle while having a prohibited alcohol concentration (OMVPAC) because the automatic admissibility and the prima facie presumption of accuracy of breath test...

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