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STATE v. SMET

No. 2005AP690-CR.

288 Wis.2d 525 (2005)

2005 WI App 263

709 N.W.2d 474

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph L. SMET, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 9, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Christopher A. Mutschler, of Anderegg & Mutschler, LLP of Fond du Lac.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and David J. Becker, assistant attorney general, and the supplemental brief of Scot Mortier, assistant district attorney for Fond du Lac county.

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

¶ 1. NETTESHEIM, J.

Joseph L. Smet appeals from a judgment of conviction for operating a motor vehicle with "a detectable amount of a restricted controlled substance" in his blood, contrary to WIS. STAT. § 346.63(1)(am) (2003-04).1 On appeal, Smet challenges the constitutionality of this statute. He contends that it exceeds the scope of the legislature's police power and thereby violates...

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