[U] County Of Rock V. Valliant

¶1. Derek Valliant appeals a judgment of conviction for operating a motor vehicle while intoxicated, first offense, in violation of Wis. Stat. § 346.63(1)(a). Valliant contends the trial court erred in denying his motion to exclude from the evidence the results of the Intoximeter EC/IR test of his breath. He asserts the approval of the instrument by the chief of the chemical test section of the Department of Transportation involved standards that should have been, but were not, promulgated as an administrative rule under the rulemaking procedures established in Wis. Stat. ch. 227, and therefore the approval was invalid. We have rejected the identical argument in County of Dane v. Winsand, No. 03-2004 (WI App Mar. 11, 2004), in which the defendant filed a brief identical to that filed by Valliant, relying on the same testimony of the section chief as that relied on by Valliant. We attach our decision in Winsand and incorporate paragraphs 3 and 6-13 of that opinion into this opinion. Based on the reasoning and conclusions in these paragraphs, we affirm the judgment of conviction.