[DOWNLOAD] "State v. Hawe" by State of Wisconsin in Court of Appeals District II " Book PDF Kindle ePub Free
eBook details
- Title: State v. Hawe
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 20, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Andrew J. Hawe was arrested for operating a motor vehicle while intoxicated and after being read the informing the accused form, he refused to take a chemical test of his blood. So, Hawe was transported to a hospital where a blood test was performed. He failed. The test revealed a blood alcohol concentration of .219g/100 ml. The test was introduced by the State at his trial and, over objection, the jury was advised of the statutory presumptions under Wis. Stat. § 343.305(5)(d) and Wis. Stat. § 885.235. Hawe argues that the statutory presumption only pertains to test results conducted under the implied consent law. Since he did not consent, he argues that the implied consent law was not in force at the time of his blood draw and, therefore, the State was duty-bound to provide expert testimony as to the validity of the result. We hold that just because the test was not administered pursuant to § 343.305(5) does not mean that the test result is less valid. If the elements to § 885.235 are present, the presumption exists.
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