Malvern Sullivan v. Waukesha County, 218 Wis.2d 458, 578 N.W.2d 596 (1998), on certification
For Sullivan: William A. Denny
Holding: A DOT training pamphlet, explaining physical and mental impairment as the level of alcohol concentration increases, is held admissible under the sec. 908.03(8) (public records and reports) exception to the hearsay rule. The court stresses that the pamphlet’s data “are factual and were made pursuant to the department’s duty to administer and enforce the laws….” The court also ratifies decisions by the court of appeals in State v. Hinz, 121 Wis. 2d 282, 288-89, 360 N.W.2d 56 (Ct. App. 1984); and Lievrouw v. Roth, 157 Ws. 2d 332, 459 N.W.2d 850 (Ct. App. 1990).
