The contested 'additional' language was as follows:
“In addition, under 2003 Wisconsin Act 97, your operating privileges will also be suspended if a detectable amount of a restricted controlled substance is in your blood.”
The appellate judge found that the extra language was in fact authorized by another section of the Code besides the section with the original language, and so there was no error.
However, DAD enjoyed the creativity of the argument, and feels that under the correct factual conditions, it could be a valid theory of defense.
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