State v. Turk

Timmy Turk appeals from a judgment of conviction for causing great bodily harm to another human being by the operation of a motor vehicle while under the influence of an intoxicant, sec. 940.25(1)(a), Stats. The issue is whether the trial court should have admitted expert testimony regarding the victims' failures to wear seat belts. Section 940.25(2) provides in part: "The actor has a defense if it appears by a preponderance of the evidence that the great bodily harm would have occurred even if the actor had not been under the influence of an intoxicant." The trial court held that the…