Expert testimony is often necessary in Arizona DUI cases. Therefore, understanding the use and limits of expert testimony is essential. In a recent Arizona DUI case, an appellate court considered whether the trial court exceeded its authority in limiting expert testimony.
According to the court’s decision, the defendant was driving in Tucson, when his car crossed into the median, which was lined with palm trees. The defendant’s car crashed into a tree, and three passengers died, one of whom was pregnant. The defendant was also taken to the hospital, and a blood test showed that he had a blood-alcohol content (BAC) of .180. The defendant was charged with multiple counts of DUI, manslaughter, and negligent homicide.
At trial, the defendant argued that the roadway was defective, and that the roadway’s design caused the crash. The jury found him guilty, and he was sentenced to a total of 16.5 years in prison. On appeal, the defendant argued that he did not receive a fair trial, in part because the court excluded testimony from his expert witnesses. He argued that most of his expert’s testimony was improperly precluded.