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STATE v. SOWATZKE

No. 2009AP1990-CR.

784 N.W.2d 700 (2010)

2010 WI App 81

STATE of Wisconsin, Plaintiff-Appellant, v. Brian K. SOWATZKE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: May 26, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Kevin M. Osborne, assistant district attorney, Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Andrew R. Walter of Walter Law Offices, Elkhorn.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.

¶ 1 ANDERSON, J.

The State appeals from the circuit court's decision to dismiss a charge of fourth offense operating with a prohibited alcohol concentration (PAC) against Brian K. Sowatzke. In an amended complaint based on Sowatzke's May 9, 2008 arrest for operating a motor vehicle while intoxicated (OWI), the State charged Sowatzke with fourth offense OWI and fourth offense PAC. Sowatzke filed a motion to dismiss the PAC charge and successfully argued that,...

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