Admission of Evidence – Expert Testimony

By: Derek Hawkins//October 14, 2021//

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WI Court of Appeals – District III

Case Name: St. Croix County v. Kelly M. Lagerstrom

Case No.: 2019AP928

Officials: STARK, P.J.

Focus: Admission of Evidence – Expert Testimony

A jury found Kelly Lagerstrom guilty of operating a motor vehicle with a prohibited alcohol concentration (PAC), as a first offense. Lagerstrom appeals, arguing he is entitled to a new trial because the circuit court improperly admitted an expert witness’s testimony concerning retrograde extrapolation of Lagerstrom’s blood alcohol concentration (BAC). We conclude that pursuant to State v. Giese, 2014 WI App 92, 356 Wis. 2d 796, 854 N.W.2d 687, the court did not erroneously exercise its discretion by admitting the retrograde extrapolation testimony. We therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.