Motor Vehicles — PBT results — harmless error

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Wisconsin Supreme Court

Criminal

Motor Vehicles — PBT results — harmless error

Even if was error to admit preliminary breath test results, the error is harmless.

“Although we assume without deciding that the circuit court erred in admitting the PBT result as evidence and in instructing the jury in regard to the PBT, we conclude that these alleged errors were harmless beyond a reasonable doubt. Even without the PBT evidence, the jury heard evidence of Rocha-Mayo’s level of intoxication from witnesses and from Rocha-Mayo himself. Rocha-Mayo admitted that he consumed two or three beers at home and an additional five or six beers at a bar, and that he was drinking alcohol in his car just prior to the collision. Dr. Falco and Steven Edwards, an ER nurse, testified that they could smell alcohol on Rocha-Mayo’s breath in the ER. Finally, Dr. Falco testified that Rocha-Mayo appeared to be intoxicated while being treated in the ER. We therefore conclude, beyond a reasonable doubt, that any error by the circuit court did not contribute to the verdict.”

Affirmed.

2011AP2548-CR State v. Rocha-Mayo

Crooks, J.

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Wellman, Sally L., Madison; Zapf, Robert D., Kenosha