Even with the improvement of breath-test technology, concerns remain about the reliability of preliminary breath test (PBT) results. Thus, the Wisconsin Legislature and Supreme Court have erected barriers to using the results at trial as evidence of defendants’ intoxication. Recent court decisions provide guidance when litigating these matters.
A prosecutor in Portage County elicited a promise from the jury during voir dire to convict if the state proved beyond a reasonable doubt that the defendant was driving with a prohibited alcohol concentration. Recently, a state appeals court ruled the pro mise did not violate the defendant’s constitutional right to a jury trial.
Prison officials knew that visitor Marie Ezell could be delivering contraband to a prisoner when they detained her and called police. Recently, a state appeals court ruled that police violated her Miranda rights, but upheld her conviction on the basis that “physical evidence” did not need to be suppressed.
Bullying in school is particularly hard to combat, because children generally do not have the option of avoiding the problem by changing locations. Read how schools, parents, and communities are fighting back against bullying.