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Council President Guilty on Drunken Driving Charge

April 6, 1985

MILWAUKEE (AP) _ Common Council President John R. Kalwitz will appeal his convictions of drunken driving and refusing to take a breath test, his attorney said.

Kalwitz, 43, was found guilty Friday night of driving under the influence of alcohol and Judge William D. Gardner fined him $342.50 and suspended his license for three months.

Gardner on Tuesday found Kalwitz guilty of refusing the breath test when he was arrested Sept. 12, and ordered his license revoked for six months and that he be evaluated to determine whether he had a drinking problem.

The license suspension and revocation were to be concurrent, Gardner said.

Kalwitz testified Friday that he had not driven into curbs or median strips as police claimed, and while acknowledging that he ″did deviate″ from a straight path, said he was fumbling with a malfunctioning tape deck.

Kalwitz said he had four vodkas and lemonade during seven hours Sept. 12.

Defense attorney Charles Hausmann said Kalwitz had asked police on the night of the arrest to give him a blood test, ″the most valid test known to mankind.″

Gardner ruled that his request was irrelevant because Kalwitz would not first take the Breathalyzer test.

Gardner said the penalty was stayed until May 1 because Hausmann planned to file motions and appeal the decision.

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