State v. Busch
Wisconsin Supreme Court
1Opinion of the CourtN. Patrick Crooks, J.
¶ 1. The State of Wisconsin (State) seeks review of a published decision of the court of appeals. The court of appeals reversed the circuit court's order denying Gregory A. Busch's (Busch) motion to suppress evidence of the results of his breath alcohol test in which an Intoxilyzer 5000 Series 6600 machine was utilized to administer the test. Busch argued that the Intoxilyzer Model 5000 Series 6600 had not been evaluated by the Department of Transportation (DOT) prior to its use in the state in accord with Wis. Stat. § 343.305(6)(b) (1993-94) 2 and Wis. Admin. Code § TRANS 311.04 (January,…
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