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STATE v. NORD

No. 00-1529-CR.

241 Wis.2d 387 (2001)

2001 WI App 48

625 N.W.2d 302

STATE of Wisconsin, Plaintiff-Appellant, v. William K. NORD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 17, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Stephen C. Dorrance, Polk County assistant district attorney, of Balsam Lake. A supplemental brief was filed by James E. Doyle, attorney general, and Jennifer E. Nashold, assistant attorney general, of Madison.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Timothy J. O'Brien and Bakke Norman, S.C., of New Richmond.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.1

The State of Wisconsin appeals an order suppressing William K. Nord's blood alcohol test results. At trial, Nord claimed that the implied consent statute, WIS. STAT. § 343.305(4), violated his due process rights because the statute misleads accused persons regarding the consequences for taking or refusing the test. The circuit court agreed and suppressed the blood alcohol test results. The State now appeals...

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