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State v. Willenkamp

10/3/2000

the implied consent warning exceeded the statutory authority. There was no testimony that indicates Willenkamp was coerced into consenting to the blood test, thus giving up his right to assert a reasonable objection to the blood test. The deputy did not act illegally when she informed Willenkamp that the department's policy was blood. The form and the law clearly gave her the right to designate the primary test to be performed. Therefore, the deputy did not exceed her duty by simply stating what she had authority to do.


By the Court. -- Judgment and order affirmed.


This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.






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