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STATE v. PRADO

No. 2016AP308-CR.

960 N.W.2d 869 (2021)

2021 WI 64

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Dawn M. PRADO, Defendant-Respondent-Cross Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: June 18, 2021.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by Anthony Jurek and AJ Attorney, the Law Office of Anthony Jurek, Middleton. There was an oral argument by Anthony Jurek.

For the plaintiff-appellant, there was a brief filed by Michael C. Sanders , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Michael C. Sanders.

An amicus curiae brief was filed by Douglas Hoffer , assistant city attorney, Stephen C. Nick , city attorney and City of Eau Claire, Eau Claire.

ANN WALSH BRADLEY, J., delivered the majority opinion of the Court, in which REBECCA GRASSL BRADLEY, DALLET, HAGEDORN, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a concurring opinion, in which ZIEGLER, C.J., joined.

¶1 Both the State of Wisconsin and Dawn Prado seek review of a published decision of the court of appeals, which determined that Wisconsin's incapacitated driver provision contained within the implied consent statute, Wis. Stat. § 343.305 (2017-18),1 is unconstitutional.

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