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STATE v. PRADO

Appeal No. 2016AP308-CR.

947 N.W.2d 182 (2020)

2020 WI App 42

STATE of Wisconsin, Plaintiff-Appellant, v. Dawn M. PRADO, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: June 25, 2020.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael C. Sanders , assistant attorney general, and Brad D. Schimel , attorney general.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Anthony J. Jurek , of AJ Attorney, the Law Office of Anthony Jurek, Middleton.

Before Blanchard, Kloppenburg, and Graham, JJ.

¶1 Dawn Prado was involved in a fatal car crash, and while she was unconscious, law enforcement directed that a sample of her blood be drawn for chemical testing. The officer who directed the blood draw did not obtain a warrant, and instead relied on the incapacitated driver provision of Wisconsin's implied consent statute. The implied...

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