State v. Zivcic

Rodney G. Zivcic appeals from a judgment entered after a jury convicted him of operating a motor vehicle while under the influence of an intoxicant (third offense), contrary to §§ 346.63(1) and 346.65(2), Stats. He also appeals from an order finding that Zivcic improperly refused to provide a breath sample under Wisconsin's Implied Consent Law, contrary to § 343.305, STATS. Zivcic raises four issues: (1) whether he is entitled to a new trial based on our supreme court's decision in State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998), which held that § 756.096(3)(am), Stats., 1995-96,…