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STATE v. ZIVCIC

Nos. 98-0909, 98-1381.

229 Wis.2d 119 (1999)

598 N.W.2d 565

STATE of Wisconsin, Plaintiff-Respondent, v. Rodney G. ZIVCIC, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 29, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John J. Carter of Law Offices of John J. Carter of Greenfield.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of E. Michael McCann, district attorney by Mary Anne Smith, assistant district attorney of Milwaukee.

Before Wedemeyer, P.J., Fine and Curley, JJ.

WEDEMEYER, P.J.

Rodney G. Zivcic appeals from a judgment entered after a jury convicted him of operating a motor vehicle while under the influence of an intoxicant (third offense), contrary to §§ 346.63(1) and 346.65(2), STATS. He also appeals from an order finding that Zivcic improperly refused to provide a breath sample under Wisconsin's Implied Consent Law, contrary to § 343.305, STATS.1 Zivcic raises four issues: (1...

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