State Supreme Court rules in Marathon Co. drunken driving case - WAOW - Newsline 9, Wausau News, Weather, Sports

State Supreme Court rules in Marathon County drunken driving case

MADISON (AP) -- A divided Wisconsin Supreme Court has upheld the drunken driving conviction of man who no one actually saw driving a vehicle.

The 2006 conviction of Greg Kandutsch was based solely on circumstantial evidence generated from an electronic monitoring device. The device showed that Kandutsch left a house in Rib Mountain and arrived in Wausau, about a 15 minute drive away, in 20 minutes.

When arrested after trying to break into his estranged wife's house, his blood alcohol content was more than twice the legal limit.

Kandutsch denied driving drunk.

He appealed his drunken driving conviction, arguing that the report should not have been accepted into evidence without expert testimony to back up its accuracy.

On a 5-2 decision, the Supreme Court rejected his argument saying no such testimony was needed.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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