City of Lodi v. Hine

The case comes to this court via certification by the court of appeals.

The issue is whether the court of appeals holding in State v. Booth, 98 Wis. 2d 20, 295 N.W.2d 194 (Ct. App. 1980), concerning the admissibility of the results of a breathalyzer examination after the destruction of the test ampoules used, is applicable to civil as well as to criminal operating a motor vehicle while under the influence of an intoxicant cases. The circuit court held it was not bound by the Booth decision because that decision had not been published by the time of trial and, therefore, had no precedential…