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OWI – Abuse of Discretion – Expert Witness
By: Derek Hawkins//July 24, 2018//
Listen to this articleWI Court of Appeals – District I
Case Name: State of Wisconsin v. Paul E. Ayala
Case No.: 2017AP1510-CR
Officials: BRASH, J.
Focus: OWI – Abuse of Discretion – Expert Witness
Paul E. Ayala appeals from his judgment of conviction, entered upon a jury’s verdict, for operating a motor vehicle while intoxicated (OWI) as a third offense. Ayala argues that the trial court erred in excluding the testimony of Ayala’s expert witness relating to a medical diagnosis that Ayala intended to use in his defense. The trial court determined that because the expert was a pharmacologist, and not a medical doctor capable of making such a diagnosis, that his testimony in that regard was inadmissible. The State contends that this was a proper exercise of the trial court’s discretion. We agree and affirm.
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.
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