Exclusion of Evidence Expert Testimony.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Jude W. Giles

Case No.: 2018AP1967-CR

Officials: STARK, P.J.

Focus: Exclusion of Evidence Expert Testimony

Jude Giles appeals a judgment, entered following a jury trial, convicting him of operating a motor vehicle while intoxicated (OWI), as a second offense. Giles argues the circuit court violated his constitutional right to present a defense when it prohibited him from introducing at trial the results of a preliminary breath test (PBT), along with expert witness testimony that relied on those results. We conclude the court properly prevented Giles from presenting this evidence. The PBT results were clearly inadmissible under WIS. STAT. 343.303, and our supreme court previously determined in a case involving similar facts that excluding expert testimony based on PBT results did not violate the defendant's constitutional right to present a defense. See State v...