State v. Draize

This is an appeal from a circuit court order affirming a county court judgment of conviction for driving under the influence of an intoxicant, contrary to sec. 346.63(1) (a), Stats. At issue is whether the trial court committed prejudicial error by (1) receiving in evidence a state trooper’s testimony that the defendant told him he had taken a breathalyzer test before; and (2) allowing the prosecutor, in rebuttal argument, to ask the jurors to place themselves in the shoes of the arresting officer and to tell the defendant through their verdict that “[t]his is not the kind of activity you…