Blood Test – Error

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Ali Garba

Case No.: 2015AP1243-CR

Officials: Hagedorn, J.

Focus: Blood Test – Error

Ali Garba was convicted of operating a motor vehicle while intoxicated. The State tested Garba’s blood, and the results showed a substantial amount of alcohol in his system. Garba sought to challenge the reliability of this test result through expert testimony. According to Garba, the presence of anomalies in tests of other blood samples conducted the same day undermined the reliability of his results. However, the experts could not say what effect, if any, the anomalies had upon the reliability of Garba’s results. The circuit court concluded that the testimony was speculative and excluded it under WIS. STAT. §§ 907.02 and 904.03. Garba contends that this was error and deprived him of his constitutional right to present a defense. Garba also challenges a portion of the jury instructions he claims created an unconstitutional presumption that the test results were accurate and reliable. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.