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.
Nov. 19, 2014 – When do you have an obligation to preserve evidence? The court has clearly said that when there is the distinct possibility of litigation, a lawyer has a duty to preserve evidence. In this video, John Walsh of Axley Brynelson discusses the growing instance of spoliation and outlines the lawyer’s role to preserve evidence.