People v. Wisbrock

The defendant, Kenneth Wisbrock, made an oral motion in limine seeking to prevent the State from entering into evidence the result of his breathalyzer test. The trial court granted his motion, and the State appeals.

The record shows that after the defendant was arrested for driving under the influence of alcohol (DUI), he attempted to take a breathalyzer test. The machine issued a result reading “.11 deficient sample.” According to the arguments presented by trial counsel in the court below, the State summarily suspended the defendant’s driver’s license due to his refusal to submit to…